DATA MINING AND COUNTER TERRORISM
Salli Anne Swartz
Artus Wise Partners
sswartz@artuswise.com
Paris, France
On December 21, 2012 : The French Parliment enacted the
(NAME IN FRENCH) or the Security and Counter Terrorism Law.
This Law extends (extends what? Existing legislation? If so,
please state which legislation) and specifies the preventive (why
preventative?)legislation about data mining.
• July 24? 2015 : Enactment of the Intelligence Act
• The French government implemented (? What does this mean in this
context) this Act but not the Section on data mining because the effective
date has been delayed to the nomination of the President of the
Commission nationale de contrôle des techniques de renseignements”,
(CNCTR)
• The CNCRT, “is an organ in charge to advise the Prime Minister on the
opportunities to use, or not, a data-mining devices
TOPICS
• I – METHODS OF DATA MINING AND COLLECTED INFORMATION
• II – ACCESS TO PRIVATE INFORMATION BY GOVERNMENTAL
ENTITIES
• III – ENTITY RELAYING INFORMATION (what is this? I don’t
understand)
• IV – PERMITTED DATA RETENTION PERIOD
• V – (TENDENCY?) Do you mean the possibilitiy? TO EXPAND DATA
MINING BEYOND COUNTER- TERRORISM
• VI – CRIMINAL SANCTIONS
I - METHODS OF DATA MINING
AND COLLECTED INFORMATIONS
1)
Methods of data mining
a) Technical means to capture images and words
b) Technical means to capture computer science… I don’t understand
what this means…
2) Information collected
a) All type of information
b) Intercepted correspondence(isn’t this covered by a)? How is it
different?
METHODS OF
DATA MINING
Technical means to capture images and words
 Article L 853-1- I of the Internal Security Code provides for the use
of technical means for the « captation, fixation, the transmission,
and the record of private or confidential statements or the pictures
in a private places »
 Authorization for 2 months (to do what?)
 Destruction of the information within 30 days
METHODS OF
DATA MINING
Device to capture computer science ????
Article L853-2-I of the Internal Security Code provide for the possibility
to access, record and transfer data mining stored in a computer systems with
a technical means which provides covers?:
• the information as it appears on the computer monitor of the utilizator of
data processing treatment ?? NOT CLEAR, Such as ????
• the information received and emitted by audiovisual peripherals NOT
CLEAR such a????
• GIVE EXAMPLES
COLLECTED
INFORMATION
All type of information
Article L851-1 of the Internal Security Code : Information or
documents can be collected , processed and/or stored by the
computer network or the electronic communication services : what is
this?
COLLECTED
INFORMATIONS
Intercepted correspondence :
Article 852-1 of the Internal Security Code
 Intercepted correspondence issued by a electronic communication
may also be controlled and collected
 The authorization of interception gives also the authorization of
collection
 The authorization may be extended to the entourage of the target if there
is serious grounds to believe that they can provide some informations
 Destruction of the informations after 30 days if it appears that there is no
connexion with the delivery authorization
II – ACCESS TO PRIVATE INFORMATIONS
BY GOVERNMENTAL ENTITIES,
A PROCEDURAL UNDER AUTHORIZATION
• 1 – Who can acces to the informations ?
• 2 – For what goal ?
• 3 – Who gives the authorization ?
ACCESS TO PRIVATE INFORMATIONS
BY GOVERNMENTAL ENTITIES,
A PROCEDURAL UNDER AUTHORIZATION
Who can acces to the informations ?
 The intelligence agencies (Article L811-2 of the Internal Security
Code)
 The « intelligence community » (L811-4 o the Internal Security
Code)
MOST IMPORTANT INTELLIGENCE
AGENCIES AND COMMUNITIES
IN FRANCE
Ministry of Interior
DGSI - Direction générale de
la sécurité intérieure
Directorate General for
Internal Security
UCLAT – Unité de coordination
de la lutte anti-terroriste
The Co-ordination unit
of the fight against
terrorism
(Intelligence community)
Ministry of Defense
DRM – Direction du
Renseignement militaire
Directorate of Military
Intelligence
DGSE - Direction Générale
de la Sécurité Extérieure
Directorate General
for External Security
MOST IMPORTANT INTELLIGENCE
AGENCIES AND COMMUNITIES
IN FRANCE
Ministry of economy and finances
DNRED – Direction Nationale du
Renseignement et des Enquêtes
Douanières - National Directorate
of the Intelligence
and Customs Investigations
TRACFIN - Traitement du renseignement et
action contre les circuits financiers clandestins
Since its foundation in 1990 its aim is to fight
against illegal financial operations,
money laundering and terrorism financing
ACCESS TO PRIVATE INFORMATIONS
BY GOVERNMENTAL ENTITIES,
A PROCEDURAL UNDER AUTHORIZATION
What are the goals ?
National independence and
defense
Major interest of the foreign
policy, execution of he
european and inernational
settlements and foreign
meddling prevention
Proliferation of WMD
prevention
Major economic, scientific
and industrial interest
Prevention against the
collective violence infrindging
the « Public peace »
Prevention of the action
leading of the continuation or
reconstitution of abolished
groups
Prevention against the
subvertion of the Institution’s
republican form
Crime and organized
delinquency prevention
Terrorism prevention
ACCESS TO PRIVATE INFORMATIONS
BY GOVERNMENTAL ENTITIES,
A PROCEDURAL UNDER AUTHORIZATION
Who gives the authorization ?
 The Prime Minister gives the authorization
 This authorization is given after obtaining the opinion of the CNCTR
THE CNCTR
• National commission of Intelligence methods« Commission
nationale des techniques de renseignements »
• Independent administrative authority
• Replace the CNCIS (National Commission of security interceptions
supervision – « Commission nationale de contrôle des interceptions
de sécurité »)
• 9 members : 2 deputies, 2 senators, 2 members of the Council of
State, 2 magistrates of Court of cassation, 1 representative of the
ARCEP (the French telecommunications and postal regulatory body)
PRELIMINARY OPINION
OF THE CNCTR
Ordinary procedure
MINISTER
authorization
request (L8212 CSI)
CNCTR gives an
opinion within
24hrs (L821-3
CSI)
PRIME MINISTER
authorizes
implementation
for 4 months or
refuses
Implementation
of the measure
PRELIMINARY OPINION
OF THE CNCTR
Emergency procedure
MINISTER
authorization
request (L821-2
CSI)
PRIME MINISTER
authorizes
implementation for
4 months (L821-1 .
L821-4 CSI)
Implementation
of the measure
III – ENTITY RELAYING
INFORMATIONS (Art. L 851-1 CSI)
• Operators of Telecom and network communication (are include the
service providers like skype, viber..)
• Internet acces providers, hosting compagnies…
IV - DATA RETENTION PERIOD
(L822-2-I CSI)
30 days for the
intercepted
correspondences
and words
capted
6 years for the
informations or
documents
which are
encrypted
4 years for the
informations or
documents
No delay for the
cyber attack data
V – TENDENCY TO EXPAND
DATA MINING BEYOND
COUNTER-TERRORISM
• The law provides some specific derogations for the terrorism
prevention
• The operators and Intelligence agencies could be obligated to install
an automated data processing system on their network
• This system will detect the « sensitive » connexions (which
represents an terrorist threat)
• France has 13 Internet Exchange Points where we can install this
system.
VI – SPECIFIC CRIMINAL
SANCTIONS
What’s happen when someone decides to reveal the implementation of
an intelligence process ?
What’s happen when someone refuses to deliver the information to the
Intelligence agencies ?
What’s happen when someone
decides to reveal the implementation
of an intelligence process ?
 Revealing an implementation of an intelligence process is punished
by 1 year’ imprisonment and a fine from 15 000 to 45 000 euros (when
it’s committed in bad faith), Article 881-1 of the Internal Security
Code
What’s happen when someone
refuses to deliver the information
to the Intelligence agencies ?
 The opposition to deliver informations is punished by 2 years’
imprisonment and a fine of 150 000 euros, Article 881-2 and -3 of the
Internal Security Code