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Politics
22 March 2025

French Assembly Upholds Confidentiality Of Encrypted Messaging Services

A recent vote maintains privacy for users as lawmakers reject proposed drug trafficking measures.

The French National Assembly made a significant decision on the evening of March 20, 2025, opting to maintain the confidentiality of messaging services such as WhatsApp and Signal amid heated debates over a proposed law targeting drug trafficking. This decision marked a notable setback for the Minister of the Interior, Bruno Retailleau, who had been advocating for measures to combat drug traffickers by compelling encrypted messaging platforms to share messages with intelligence services.

Initially, Retailleau sought to impose requirements on these platforms to disclose communications associated with suspected traffickers. However, a similar measure was rejected just the week prior, specifically during the week of March 10, 2025, by the Laws Committee, which found substantial support from various cybersecurity experts and stakeholders wary of the risks associated with weakening encryption. The fear was that such a law could create significant vulnerabilities, jeopardizing the privacy of all users on these encrypted platforms.

In a rapidly unfolding session that included technical difficulties and allegations of hacking attempts, the Assembly debated this contentious amendment. Three deputies from the government’s central coalition attempted to rework the proposal, acknowledging the concerns raised by digital security experts. However, despite their efforts, they failed to sway even several members from their own party during a session characterized by vigorous discourse.

Ultimately, after prolonged and intense discussions, the Assembly proceeded to a public vote, though a rare technical glitch interrupted the initial tallying of votes. For one hour, efforts were made to rectify the situation. Some legislators even speculated about potential cyber interference regarding the voting system, prompting reassurance from Deputy President Naïma Moutchou, who stated, "We are not victims of a malfunction linked to IT security." She humorously remarked that it was merely a small piece of the system that had overheated.

Following the closure of the glitch, the Assembly opted for an alternative voting method: Naïma Moutchou called each of the 577 deputies individually to announce their stance at the microphone actively. This process, while more laborious, yielded a definitive result shortly before midnight—119 votes against the proposal and only 24 in favor.

This rejection represents a pivotal victory for advocates of digital privacy in France, particularly for platforms like Signal. Meredith Whittaker, CEO of Signal, commended the Assembly’s decision on social media, expressing relief that "the French National Assembly voted against the dangerous amendments diverted from the law on drug trafficking." She expressed hope that this incident would signal a change in direction towards reinforcing digital rights rather than eroding them.

Interestingly, as news of the voting outcome permeated the halls of government, another significant vote occurred earlier that day regarding the 'repentants'—individuals who cooperate with law enforcement on drug crimes. This initiative aims to adopt a more lenient legal framework modeled after Italy's anti-mafia laws. Currently, France has just 42 'repentants' in contrast to nearly a thousand in Italy, illustrating the need for a more effective approach to solicit information from those within criminal organizations.

The Ministry of the Interior reported that under the new provisions, 'repentants' could potentially see their sentences reduced by up to two-thirds, targeting both drug trafficking crimes and violent offenses. This new system aims to streamline the collaboration between law enforcement and individuals willing to share insider information.

Céline Berton, the Director General of the DGSI, lamented the constraints imposed by encrypted messaging services, stating, "Very concretely, we are blind on the content of the conversations of our targets." This encapsulates the broader dilemma faced by investigators in trying to combat organized crime as the use of encryption continues to proliferate.

While Retailleau's defeat on the messaging amendment reflects significant public concern regarding privacy breaches, his administration hopes that the new approach to managing 'repentants' will yield results in dismantling criminal networks. As the debates surrounding these issues continue to evolve, the French Assembly will reconvene on March 21, 2025, to further discuss and refine the proposed legal frameworks, striving for a balance between security measures and personal privacy rights.

The outcome of these legislative discussions not only reveals the struggles within the French government about how to best combat drug trafficking but also highlights the mounting societal concerns surrounding digital rights in the modern technological landscape.