series for the student who exceeds the master ....
Barbara
The French Parliament has just adopted a new law-jumble that shows various measures of the French law the USA Patriot Act. For the sociologist Jean-Claude Paye, the ineffectiveness of the extensive surveillance system put in place progressively certifies that its real purpose is different from what was announced. Western societies evolve towards a model "child", where the mere fact of wrapping themselves under the gaze of power, generates a sense of security.
By Jean-Claude Paye
http://www.voltairenet.org/ French law " LOPPSI 2 ", Law and Planning Guidance for Internal Security, was finally adopted on February 8 [1] . The text shows strong similarities with the U.S. Patriot Act, passed immediately after the attacks of 11 September 2001. Both laws are presented as a "cauldron" on Safety a different set of measures aimed at reducing and containing the fundamental freedoms major reforms designed to ensure control of the Net
The Patriot Act anticipates the French laws. It established since 2001, all A number of provisions that will be present in France for a decade, such as installing computers in the office of trojan horses, and the criminalization of cybercrime ol'infiltrazione police in electronic commerce. At first, since its promulgation in 2001, the Patriot Act is part of a state of emergency. It looks like a way to face a state of war: the "war on terrorism." Along with measures already standing, several provisions have been issued for a period of four years. It 's only in 2006, during their renewal process, that most of them become permanent [2] . Only the most contested will again be issued for a further period of four years. Later, with the Obama presidency, will be renewed from year to year.
French law called LOPPSI 2, is inserted in turn, directly in a context of permanence. All his measures are valid for an indefinite period. They should not be renewed because they are not limited in time. The main reference of this law is no longer the image of the war on terrorism but directly to a state of emergency, shown by the State in order to defend themselves from their own population. The law measures mixed general surveillance and repression of individual freedoms of all citizens with measures that stigmatize special populations, such as temporary or even the young.
Trojan Horses
Under the pretext of combating "organized crime" LOPPSI the second provides for the possibility, with the approval of a judge to place, unbeknownst to the user, a device that records keystrokes or screenshots. The system will allow every way to preserve all the offenses occurred in the context of surveillance, even if they do not concern material facts in organized crime. The devices can be installed on site or remotely, for a renewable period of eight months. To place these "spies", the investigators have the right to enter the home or vehicle of the suspect, unbeknownst to him, and if necessary, at night. The law, in effect, nullifies the protections afforded about the constitutional privacy.
Filtering Network
The law requires the same way a system of filtering websites that broadcast images of children in nature "clearly pornographic". Without requiring the intervention of a judge, the law gives to an administrative authority, the Central Office for combating crime, the possibility of depriving them of access to Internet sites. However, the Board may appeal to the court regarding content sites "clearly not pornographic" [3] . Presentata come una limitazione dei poteri dell’esecutivo, tale disposizione ha infatti una conseguenza perversa: permette di estendere il filtraggio a contenuti che non sono manifestamente di natura pedofila. Tale è l’obiettivo di questo articolo. Una volta che il principio del blocco è adottato, è sufficiente estendere progressivamente il campo dei siti filtrabili, come è stato fatto per la banca dati nazionale del DNA. La legge crea una scappatoia che prelude ad altri motivi di blocco. Un semplice emendamento alla LOPPSI permetterebbe di includere siti che non rispettano i diritti d’autore.
La “cybercriminalità”
The LOPPSI establishes a number of specific crimes exercised on the Net is created the crime of fraudulent use, on an electronic communications network, the individual identity or personal data "in order to disturb its peace or attempt to honor his or her account. "
The penalties for counterfeiting bank account details, payment methods and goods by criminal gangs on the Internet are heavier, up to ten years imprisonment and a million euro for fraudulent use of payment instruments.
The creation of the crime of identity theft should lead to a sharp increase in the "platform PHAROS (Platform for Harmonisation, Analysis, Retrieval and Guidance Signal) that allows, in January 2009, from a government action plan against" crime on the Internet "The online complaint to police the content of sites that constitute grounds for impeachment. These reports, currently at over a thousand a month, are then treated dall'OCLCTIC (Office Central de Lutte contre la Crime LIEE aux Technologies de l'Information et de la Communication).
Interconnection files
This bill coordinates the files called "history" [4] as STIC and Judex, which contain "personal information" relating to a person suspected of having taken part in the crimes or misdemeanors 5 ° class. The law provides that the judgments of acquittal or dismissal will lead to a cancellation of personal data "unless the public prosecutor orders keeping them for reasons related to the purposes of the file." The law also gives the ability to delete personal information or to leave them be to close a case or nolle prosequi.
Article 10 also allows the use of systems of "serial analysis, cross-checking of information on accessible data, available on the Internet with sensitive data such as IP or telephone number. This is personal information about people suspected of being perpetrators or accomplices of crimes but also to the victims or just people who can provide information.
As for the files called "approximation", they allow to cross the personal data collected in different surveys, with no limits in terms of seriousness of offenses committed.
Big Mother
A prima vista, la legge è illeggibile. Si presenta come un guazzabuglio, una collezione di misure disparate, che vanno dalla creazione di files su tutti i cittadini alla legalizzazione dei cookies , alla criminalizzazione degli squatters alla possibilità di imporre il coprifuoco per i ragazzi di 13 anni. Tuttavia c’è una forte coerenza tra le differenti disposizioni, non tanto sull’oggetto su cui poggiano i diversi articoli, quanto su ciò che riguarda le intenzioni del potere. I reati creati non hanno altro scopo che essere un mezzo dello sguardo del governo, un supporto all’immagine mediatica di insicurezza e del suo alter-ego, safety.
The criminalization of the squatters, travelers, illegal aliens, or just young people, implies that every form of existence that is not strictly controlled dangerous. It also led to security lies in a complete surrender to the government and its initiatives , his files, his computer searches and judicial impunity for its agents.
not for nothing that the law operates a semantic shift, replacing the word "surveillance " with " videoprotezione " . But this is not intended to deceive. This is not an ideology in the usual sense of the word. Fits, on the contrary, transparency, one of the intentions of the government, that of the Big Mother fusione.Così government and its security, the protection afforded the form of both being under the eye of surveillance cameras disseminated by LOPPSI 2, both in the preservation of principal photography in police records, even if you have been acquitted by the courts. The purpose of these files is not to establish a surveillance of the population. A survey of the National Commission for the Protection Data revealed in 2008 that the files contained in police records, 83% of errors. The goal is far, is to give notice to hand over our security in the hands of power and waive any right to privacy.
Confinement in the "look" of power
The LOPPSI 2, like its U.S. equivalent Patriot Act, by a reversal of the legal system. This is beginning to apply to the population the procedures that were once used only against agents of hostile powers. Yes is then to put these measures into law, so obtain the consent of the people to abandon their existence.
In both cases, the legal structure is similar. The law records the absence of limits on executive power, reversing the traditional role.
LOPPSI The second is instructive to understand this change, particularly concerning the formation of the files "history." The acquittal by a court does not automatically imply the cancellation of data in files. The cancellation depends solely on the arbitrary decision of the prosecutor. This tells us that the purpose of files is no surveillance of the population. Confirms what we learn from a survey of the CNIL (National Commission on Data Protection) [5] : in the last three years more than one million people are still marked as "suspicious," although were removed at the judicial [6] .
Again, this is not to monitor the population but instilling the feeling that it has no room for maneuver in the face of arbitrary power and the way in which everyone is identified .
The LOPPSI is not, as is often written, the expression of an SA, but rather that of a "society scopic" (from the greek Skopea, indicating a focused look, ndt ), a society that imprisons us inside the eye of power, to which the individual must identify themselves in order to ensure its protection. Insecurity is then being behind this look, for example from outside the eye of the cameras. The challenge is to identify criminals or those at risk. " It is to accept that citizens power has the ability to identify them, to dispose of their lives and that they have no chance of appeal against this state of affairs.
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