This Aegis Series paper reviews the most recent encryption-related legislation in France, the United Kingdom, the Netherlands, Hungary, and Poland.
Daniel Severson is a Harvard Law School and Harvard Kennedy School graduate. He served as editor-in-chief of the Harvard International Law Journal and writes for Lawfare. Daniel was a Harvard University Presidential Public Service Fellow at the Defense Department, a Council of American Ambassadors Fellow at the State Department, and a Fulbright Scholar in Taiwan. He plays the French horn.
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As the U.S. Congress considers encryption legislation, the French Parliament continues to move forward its own efforts to regulate decryption assistance in crimial and terrorism investigations.
French President Holland is abandoning a constitutional amendment to enshrine emergency powers and strip citizenship from convicted terrorists. However, he is increasing military personnel.
The UK has introduced its Investigatory Powers Bill, a detailed and technical bill providing for interception and retention of communications content and metadata, as well as hacking and decryption.
Legislators in France are eyeing the fight between Apple and the FBI in San Bernardino, but they aren't waiting on efforts to impose heavy penalties on technology companies that fail to cooperate in decrypting communications relating to terrorism investigations.
On Friday, February 19, the Constitutional Council upheld two articles of the state-of-emergency law—meeting bans and warrantless searches—as constitutional. Separately, the French Parliament extended the state of emergency through the end of May.
The National Assembly voted this week to adopt an amendment that would enshrine the state of emergency in the French Constitution and extend denaturalization to dual-nationals born in France who are convicted of terrorism.