On December 19, 2013, the French Loi de Programmation Militaire (the Military Program law, or "LPM"), was enacted. Article 20 of the LPM, which will come into force on January 1, 2015, authorizes the government to require Internet Service Providers (ISPs) and web hosts to provide "information and documents processed or stored," including geolocation data and metadata in real time, without having to first ask for an authorization from a judge. The new law raises serious questions regarding separation of powers and the extent of administrative authority in France.
A Surveillance Law Both Broad and Vague
Article 20 of the LPM allows the Prime Minister to authorize specially designated agents from the ministers of police, defense, economics and budget to issue demands to ISPs for:
"information or documents processed or preserved by their networks or electronic communications services, including technical data relating to the identification subscription or connection to electronic communications service numbers, identification of all the numbers subscription or connection to a designated person, the location of the terminal equipment used as well as a subscriber's communications on the list of dialed numbers and callers, duration and timing of communications" read more »