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Freedom of choice of terminal, key issue for Net Neutrality

Paris, 24 May 2016 — La Quadrature du Net publishes an article from Benjamin Bayart, member of the Strategic Directions Council of La Quadrature du Net. This article was written on behalf of the Federation FDN and was initially plublished in French here.

La Quadrature du Net leaves the state of emergency

Paris, 17 May 2016 — When faced with a wall, you need to know when to stop banging your head against it. After years of legal violence, defeats and steady erosion of fundamental rights, and confronted with an elected political body whose only logic is to reinforce the security apparatus, La Quadrature du Net has decided to stop wasting time trying to appeal to the reason of those who won't listen, and is now taking a new direction for its actions.

50 Shades of Grey for Net Neutrality

Paris, 13 May 2016 — This week La Quadrature du Net was invited to participate to a workshop at the ARCEP1 in order to discuss the guidelines in the making by the BEREC and the new regulatory framework concerning Net Neutrality. While stressing the openness of the ARCEP, La Quadrature du Net deeply regrets that on such a crucial subject the negotiations were shadowy, without clear goals and keeping the possibility to by-pass Net Neutrality and thus threaten fundamental liberties.

  • 1. The ARCEP is the French regulator authority of electronic communications and postal services

Legal Action against the French Surveillance Law

Paris, 11 May 2016 — The Exégètes amateurs, the legal team of La Quadrature du Net, FDN and FFDN, has submitted new legal briefs in its legal challenge before the French Council of State against the 2015 Intelligence Act and its implementation decrees. The briefs detail all the arguments developed against this dangerous law. For the most part, the strategy consists in mobilizing the case law of the European Court of Justice's (ECJ). A very worrying provision completely overlooked during the parliamentary debate last year is also targeted with a constitutional challenge (called QPC procedure)1

The analysis below is published on the Exegetes' website.

  • 1. The QPC is a French Constitutional Law procedure allowing persons involved in a pending case to ask the Constitutional Council to assess the constitutionality of the laws relating to the case at hand.

Adoption of three texts on personal data: teach yourself how to be safe!

Paris, 14 April 2016 — Today, the European Parliament adopted three texts on personal data: the regulation framework for personal data processing by private companies, the Directive on judicial and police processing of personal data, and the PNR (Passenger Name Record) that aims at the creation of national records gathering large amounts of data of persons travelling from or to the European Union, including internal flights. These texts feature numerous loopholes that threaten the right to privacy. Given the inability of the institutions to come up with regulations that actually protect Internet users, it is up to each and every one of us to learn how to protect themselves, their personal data and their privacy on the Internet.

Open Letter from the OLN to the WP29 and the European Parliament on the Privacy Shield

Paris, 7 April 2016 — The Privacy Shield, a framework for personal data transfers towards US-based companies, is currently under negotiation. This new agreement follows the invalidation of the Safe Harbor by the European Court of Justice (ECJ), who ruled that it did not uphold a substantially equivalent protection for personal data of people protected under European law, and suggested new measures to address it. Since the draft Privacy Shield does not take these measures into account, the resulting agreement is bound to reduce the fundamental rights of Europeans.

Joint communiqué from the Observatoire des Libertés et du Numérique (Freedoms and Digital Observatory)1

Radio Directive - Open letter to the French Ministry of Budget and to the French Telecom Regulator

Paris, 6 April 2016 — The Directive on the harmonisation of the laws of Member States relating to the making available on the market of radio equipment (or Radio Directive) was adopted in April 2014, with the aim to improve the management of the radio spectrum. The Directive must now be transposed and implemented in Member States before 12 June 2016. Although its goals are laudable, it establishes standards for software installed on radio equipment, thus becoming an unprecedented threat to the use of free software. It is dangerous for innovation and for users' rights, and results in considerable legal insecurity for associations around the country that develop wireless citizen Internet networks. The French government is currently working on transposing this Directive, and must urgently tackle the situation and guarantee the right to install free software on radio equipment.

Save The Internet: Final Consultation for the sake of Net Neutrality in Europe

Paris, 1 April 2016 — Following the adoption, by the European Union, of an ambiguous text on Net Neutrality, the BEREC1 was given the task of drafting guidelines to overcome the lack of clarity in the European Regulation on Telecommunications, to facilitate the harmonized implementation in the EU member states. The lack of transparency of these negotiations inside BEREC is very worrying and does not guarantee a positive outcome or a final text respectful of Net neutrality. Several European organisations are joining forces to consult citizens and obtain their views on Net Neutrality.

  • 1. Body of European Regulators of Electronic Communications

European directive: worrying expansion of anti-terrorism scope

Paris, 1 April 2016 — While tragic attacks struck the heart of the European Union, the directive on combating terrorism, currently being discussed by the European Parliament, could speed up the implementation of security policies across the whole Europe. La Quadrature du Net is concerned about a Europeanisation of the French Anti-Terrorism drifts.

Respect My Net: online platform to report Net Neutrality violations

Paris, 3 March 2016 — Today, RespectMyNet.eu is being relaunched. This a joint initiative by Access Now, Bits of Freedom, Digitale Gesellschaft, EDRi, Initiative fur Netzfreiheit, IT-POL, La Quadrature du Net, Nurpa, Open Rights Group, Xnet and several individual contributors.

French Constitutional Council Rejects Data Copy During House Raids

Paris, 19 February 2016 — In a decision published today, the French Constitutional Council rejected a provision on digital searches in the law on the state of emergency. The Council decided that copying the data on a device without a previous court decision is against the French Constitution and French Law. La Quadrature du Net welcomes this decision and calls on the French government to return the judiciary judge to the center of the process.

Administrative Access to Metadata: French Council of State Flees EU Debate

Paris, 15 February 2016 — The French Council of State has released an eagerly awaited decision (fr) on the validity of administrative access to connection data. La Quadrature du Net, French Data Network and the FDN Federation have been calling into question the Military Programmation Law (LPM) and its application decree that enables the administration to access connection data without requiring any judicial control. By refusing to repeal the decree and to transmit the question to the European Court of Justice (ECJ) for a preliminary ruling, the Council of State avoids any judicial debate and isolates French vis-à-vis EU case law.

Open Letter to Věra Jourová: From Safe Harbor to Privacy Shield, Words in the Wind

Paris, 10 February 2016 — On 6 October 2015, the European Court of Justice (ECJ) invalidated the Safe Harbor, the agreement concluded in 2000 with the USA in order to give a legal framework to data transfers between the European Union and the USA. The WP29, a working group bringing together all Member States' national data protection authorities, waited until the end of January for the European Commission to draft a new agreement taking into account the requirements of the ECJ. This agreement called "Privacy Shield" was announced on 2 February but only contains vague promises.

Data Retention: Will the French Council of State Defy the ECJ?

Paris, 10 February 2016 — As the French Council of State is set to render a first decision on this burning issue this Friday1, Privacy International (PI) and the Center for Democracy and Technology (CDT) have submitted a third party intervention aiming to support the legal challenges brought by FDN, the FDN Federation and La Quadrature du Net. The goal: repealing the provisions enforcing the generalised retention of metadata in France and allowing the European Court of Justice (ECJ) to play its role of guardian of fundamental rights.

For an immediate end to the French state of emergency: call for a mass mobilisation!

Paris, 25 January 2016 — On the 5th February, the French National Assembly1 will consider the law on the constitutionalisation of the state of emergency. Prime Minister Manuel Valls has already announced that he wanted an extension to the state of emergency "until we can get rid of Daesh (fr)", that is to say, for months or years. Together with numerous organisations, La Quadrature du Net calls for the rejection of trivialisation of the state of emergency and for a mass mobilisation against interference with civil liberties and with the rule of law, notably by demonstrating on 30 January and more specifically by calling MPs.

  • 1. French lower legislative house
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