EncryptionFrench law would penalize encrypted phone makers who refuse to help police probes

Published 4 March 2016

French lawmakers on Thursday voted for a measure which would impose penalties on manufacturers of smartphone who refuse to cooperate with law enforcement in inquiries of terrorism cases. The measure stipulates that a private manufacturer of smartphones, which refuses to hand over encrypted data to an investigating authority, would face up to five years in jail and a 350,000 euro ($380,000) fine.

French lawmakers on Thursday voted for a measure which would impose penalties on manufacturers of smartphone who refuse to cooperate with law enforcement in inquiries of terrorism cases.

The French government urged lawmakers to postpone the vote.

The Bangkok Post reports that the move came in the form of an amendment to a penal reform bill which was receiving first reading in parliament.

Lawmakers who supported the amendment said it is especially important now to broaden the powers available to law enforcement, ahead of the expiration in May of the state of emergency which has been in place in France since the 13 November terrorist attacks in Paris.

Legal observers note that the amendment may yet be diluted, or removed altogether, because the government has been reluctant to take on the big phone companies.

The amendment, drafted by the conservative opposition, stipulates that a private manufacturer of smartphones, which refuses to hand over encrypted data to an investigating authority, would face up to five years in jail and a 350,000 euro ($380,000) fine.

Telecoms service providers would be liable to lesser penalties, but may still face up to two years in jail.

The move in France came the day after leading U.S. technology companies joined Apple’s legal fight on encryption in the United States. The technology companies argue that if Apple is forced to help the government break into a locked iPhone, it would set a dangerous precedent.

The FBI has argued that by equipping phones and other devices with end-to-end encryption, Apple and other technology companies have, in effect, created “warrant proof zones” for terrorists and criminals, I the process crippling law enforcement and jeopardizing public safety.