May 18 2009

New French ‘Loppsi 2′ Law Proposal to Allow Police to Upload Malware to File Sharers?

New French ‘Loppsi 2′ Law Proposal to Allow Police to Upload Malware to File Sharers?

Currently, we only have a Google translation of the article, but if the translation came out right, is France really preparing to allow the government to upload spyware onto users computers? If this is true, it almost makes the HADOPI, or three strikes law, seem like nothing.

There’s an article posted on Le Monde recently that, if the translation is accurate enough, seems to suggest that the government wants to propose a law, known as Loppsi 2, that would allow a government official or a police officer, to upload “cookies” for the pupose of, among other things, data retrieval, without the need to clarify that what they did was legal or not for a period of 4 months. Here’s the Google translation of what we are reading:

Dadvsi and Hadopi supposed fight against illegal downloading with technical measures, should be completed in autumn 2009 by a far more ambitious, focusing on all the crime. Loppsi 2 (law and planning for the performance of Homeland Security, 2nd named after Lops, 2002), commissioned by Nicolas Sarkozy, would have a budget of one billion euros over five years (2010-2015).

The key to Loppsi 2, the cookies. The Hadopi law already provides for the simplification of procedures by the state services software incorporating technical measures remote control functionality or access to personal data. ” Also refers to the Dadvsi cookies: Article 10bis Additional C to Article 15 enables the central management of security of information systems (DCSSI) to escape the control of software bugs that could be installed by government departments, local authorities and public or private operators.

In other words, the state will no longer be obliged to verify the “legality” of the cookies used by its services on the network. Therefore, the door is open to all “broadcasts” information and sound of any kind. Bill Loppsi 2 incorporates this principle in the development, since it would “without consent, to access data, to observe, collect, record, store and transmit such that they appear to the user or as he introduces by entering characters. This is the legalization of “Trojans” (spyware) in the Internet, for a period of four months, renewable once by agreement of the judge.

Technically, the device may be implemented at any time, either by slipping in any physical location (with the establishment of a key connection in the computer monitor) or by transmission over a network electronic communications in remote infiltrating into the machine to monitor.

In other words, if this is really what the article is saying, a government official or police official, can upload a trojan horse or other forms of spyware onto a users computer without their knowledge, consent or a court order for a period of 4 months. After that four month period, a judge has to give an OK to allow continued use. The purpose is supposedly to investigate all kinds of crimes which, judging by this article, would include file-sharers (though it is unclear if the article is saying that the previous HADOPI law and the Dadsvi law already covers that).

It’s unclear where the checks and balances are from the article but one wonders, does Loppsi 2 make HADOPI/the Three Strikes law seem tame in comparison? Besides, at what point during a civil investigation makes the use of installing a trojan horse necessary? Still, not much is known through a more direct translation. If anyone in France is reading this and knows about French law, feel free to contact us if you want to offer any verifications on this new law proposal.

Update, May 19th: Special thanks goes out to all our French readers who were able to verify the story, though yes, we should emphasize that the law is suppose to cover all forms of “crime” and is under the guise of stopping paedophilia (as we’ve noticed in countries like Australia, that sort of talk isn’t known to be entirely truthful over things like this)

Arstechnica, today, also picked up the story and seemed to make this early report seem optimistic in the viewpoint of a privacy advocate. The report suggests that Loppsi 2 covers things like web censorship as well as introducing “Pericles” that would create a “super-dossier” on people – in other words, a database on targeted peoples activities. The article additionally points to a critics point of view which discusses the end of a free and open internet. (For those, like me, that don’t speak French, here’s a Google translation of the posting)

Have a tip? Want to contact the author? You can do so by sending a PM via the forums or via e-mail at drew@zeropaid.com.

Related

  1. French Three Strike Proposal Returns to French Parliament
  2. French Cybercrime Expert Discusses Loppsi 2 Legislation
  3. French Pirate Party Has a Shot At Winning a Government Seat
  4. French RIAA Announces Deadline to Ban File-Sharers from the Internet
  5. French Court – File-Sharer’s IP Addresses Were Illegally Obtained, Conviction Overturned
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Comments

  1. FudgeBubble

    I can’t believe that this entire article is based on a ropey google translation and not even you, the author, is clear on what it means. Would it be too much trouble to do some research and tell us the truth, rather than stabbing in the dark and saying “Here, you work it out, we’re too lazy”?

    • DrewWilson

      The problem with that is that I don’t speak French and this article has been verified today by other authors from other sites as well. An overwhelming number of articles discussing this topic is in French (some, I’ve noted, is in German now)

      I’m sorry I forgot to renew my license to be in disbelief, thanks for the reminder. I’ll be renewing that license along with my license to be shocked and amazed, both of which appears to run out at the end of the month. ;)

  2. SamE

    Surely this depends on having operating system security problems? I presume this will target Windows…? Are Microsoft obliged to patch holes and inform users? I don’t use Windows much but surely even the best Police programmers can’t write virus or trojans any better than anyone else, and Kaspersky or Mcaffee will pick them up… unless of course they specifically don’t?! Talk about a worm hole.

  3. 1cooldude

    I’m speechless.

    • Anonymous

      The objective is not security. The objective is to give French president the most dangerous censorship tool that ever had existed in history of mankind. If he succeeds, not only french people will suffer but the world will be threatened by a new dictatorship with operationnal nuclear power.

  4. Guillotine

    Indeed HADOPI and DADVSI already covered investigation + judgment of file sharers, P2P and torrent users. LOPPSI2 manages to go even further by allowing internet specialized police officers to check for private informations, political views, or whatever you have downloaded, typed, listened or watched on your computer.

    Definately, we have our Reagan/Thatcher running the country now.

    G.

    • Morton

      Well, if worse comes to worse, french people have proven track record for taking care of things.

  5. madmart

    hello,
    the “Loppsi 2″ is more focused on spying on potential suspects of pedophily. That’s what it said. But I personnaly think this is another attempt to build a higher control on the net and its users. Here we are really concerned about the evolution of the cyber polices. However, for now, we didn’t realize any change.

  6. Ozh

    You got this right

    The article from Le Monde says that this law will allow the govt to introduce spywares, either via a physical operation or by electronic means.

    This said, this law project doesn’t target file sharers but, more widely, basically anyone suspected of illegal online activities

    It seems quite unrealistic at this point to imagine a gov agency uploading spyware through P2P networks, but well, who knows & time will tell.

    Yeah, France doesn’t sound any longer like the freedom country it used to be :-P

  7. DrewWilson

    Cool, thanks for the responses. The concept of a government trying to pass a law to being able to upload spyware onto someones computer seemed so extreme, I was kind of questioning whether or not I was reading that correctly. Was really hard to believe, but sounds like the state of affairs in France has gotten so crazy that things like this is really happening. Wow.

    Thanks for the responses. :)

  8. mountain_rage

    Read the original article as best I could, France tends to use many words I’ve never come across in Canada.

    Anyway, in the first part of the article they discuss part of the proposal which would make it legal for officers to install devices that would monitor your computer, without having to ensure the device is legal to use for such a purpose. This is a ridiculously overzealous power grab, there is no reason to introduce such harsh measures during what is a relatively peaceful, war free society.

    The second part of the law refers to what I understood as a central database for all the information gathered by government for purposes ranging to drivers licenses, to taxes, etc. This would be open to police officers to use to help their investigation. The article points out that one of the uses could be to track trends in pedophiles, but I don’t buy that argument. Either way, they are giving officers access to a database they should not be allowed to access. This part of the law puts into question the privacy of the information afforded to the government, and creates ridiculous distrust. Only in a dictatorship would I expect the introduction of such a law.

    I hope for the sake of the French, that they have a good alternative to the current political party, cause they are getting screwed up the backside like a cowboy.

  9. SiluroDevonian

    HADOPI already imposes the use of a government-sponsored protection softeware so you can not claim that your IP was used by somebody else (they imagine their software foolproof ;) ). This softeware will not be supported on linux and yet it is the only way to not be fined for not protecting your internet connection. Linux is not welcome in France anymore.

    Now many withou too much imagination can see that the gov-sponsored software imposed with HADOPI may have a back-door for LOPSI 2

    All this shit scares me, I am French but working abroad and not willing to come back at the moment

  10. Phoenix

    ce sarkozi fdp il va tout foutre en l’air
    translation :)
    sarkozi is gonna screw thing up

  11. BenFranklin

    Concerned/interested about Loppsi?

    Follow me on Tweeter:
    http://www.twitter.com/Loppsi

    and check:
    http://www.Loppsi.tel

    “People willing to trade their freedom for temporary security deserve neither and will lose both.”

  12. zzzzz

    “I hope for the sake of the French, that they have a good alternative to the current political party, cause they are getting screwed up the backside like a cowboy.”. LOL. über-LOL. There is NO alternative. Nothing.
    Most political party don’t give a f* about internet, freedom.
    On one side it’s “be afraid ! aliens crossing the border !”, while on the other side it’s “let’s defend the old system, no reform !”… :x

  13. Fabrice

    Basicaly, Hadopi + Loppsi = ACTA

    Loppsi will probably not only allow the gov. to upload spyware, but it will allow DPI, net filtering ‘the chinese way’, and allow to take down anything that is a copyright infringement.

    @zzzzz

    No, we don’t have any alternative, the Rep. are governing the country, there’s nothing like the Democrats here, only an old fashion socialist party that doesn’t understant anything about the web and they keep fighting each other… We are in deep sh**

    Please help us.

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