FOGINT: France Gears Up for More Encrypted Message Access
March 12, 2025
Yep, another dinobaby original.
Buoyed with the success of the Pavel Durov litigation, France appears to be getting ready to pursue Signal, the Zuck WhatsApp, and the Switzerland-based Proton Mail. The actions seem to lie in the future. But those familiar with the mechanisms of French investigators may predict that information gathering began years ago. With ample documentation, the French legislators with communication links to the French government seem to be ready to require Pavel-ovian responses to requests for user data.
“France Pushes for Law Enforcement to Signal, WhatsApp, and Encrypted Email” reports:
An amendment to France’s proposed “Narcotraffic” bill, which is passing through the National Assembly in the French Parliament, will require tech companies to hand over decrypted chat messages of suspected criminals within 72 hours. The law, which aims to provide French law enforcement with stronger powers to combat drug trafficking, has raised concerns among tech companies and civil society groups that it will lead to the creation of “backdoors” in encrypted services that will be exploited by cyber criminals and hostile nation-states. Individuals that fail to comply face fines of €1.5m while companies risk fines of up 2% of their annual world turnover if they fail to hand over encrypted communications demanded by French law enforcement.
The practical implications of these proposals is two-fold. First, the proposed legislation provides an alert to the identified firms that France is going to take action. The idea is that the services know what’s coming. The French investigators delight at recalcitrant companies proactively cooperating will probably be beneficial for the companies. Mr. Durov has learned that cooperation makes it possible for him to environ a future that does not include a stay at the overcrowded and dangerous prison just 16 kilometers from his hotel in Paris. The second is to keep up the momentum. Other countries have been indifferent to or unwilling to take on certain firms which have blown off legitimate requests for information about alleged bad actors. The French can be quite stubborn and have a bureaucracy that almost guarantees a less than amusing for the American outfits. The Swiss have experience in dealing with France, and I anticipate a quieter approach to Proton Mail.
The write up includes this statement:
opponents of the French law argue that breaking an encryption application that is allegedly designed for use by criminals is very different from breaking the encryption of chat apps, such as WhatsApp and Signal, and encrypted emails used by billions of people for non-criminal communications. “We do not see any evidence that the French proposal is necessary or proportional. To the contrary, any backdoor will sooner or later be exploited…
I think the statement is accurate. Information has a tendency to leak. But consider the impact on Telegram. That entity is in danger of becoming irrelevant because of France’s direct action against the Teflon-coated Russian Pavel Durov. Cooperation is not enough. The French action seems to put Telegram into a credibility hole, and it is not clear if the organization’s overblown crypto push can stave off user defection and slowing user growth.
Will the French law conflict with European Union and other EU states’ laws? Probably. My view is that the French will adopt the position, “C’est dommage en effet.” The Telegram “problem” is not completely resolved, but France is willing to do what other countries won’t. Is the French Foreign Legion operating in Ukraine? The French won’t say, but some of those Telegram messages are interesting. Oui, c’est dommage. Tip: Don’t fool around with a group of French Foreign Legion fellows whether you are wearing and EU flag T shirt and carrying a volume of EU laws, rules, regulations, and policies.
How will this play out? How would I know? I work in an underground office in rural Kentucky. I don’t think our local grocery store carries French cheese. However, I can offer a few tips to executives of the firms identified in the article:
- Do not go to France
- If you do go to France, avoid interactions with government officials
- If you must interact with government officials, make sure you have a French avocat or avocate lined up.
France seems so wonderful; it has great food; it has roads without billboards; and it has a penchant for direct action. Examples range from French Guiana to Western Africa. No, the “real” news doesn’t cover these activities. And executives of Signal and the Zuckbook may want to consider their travel plans. Avoid the issues Pavel Durov faces and may have resolved this calendar year. Note the word “may.”
Stephen E Arnold, March 12, 2025
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