The world was a different place when, in October 2015, the Court of Justice of the European Union (CJEU) struck down the “Safe Harbour” data-sharing agreement that allowed the transfer of European citizens’ data to the US. The Court’s decision concluded that the indiscriminate nature of the surveillance programs carried out by U.S. intelligence agencies, exposed two years earlier by NSA-contractor-turned-whistleblower Edward Snowden, had made it impossible to ensure that the personal data of E.U. citizens would be adequately protected when shared with American companies. The ruling thus served to further solidify the long-standing conventional wisdom that Continental Europe is better at protecting privacy than America.
However, Europe’s ability to continue to take this moral high ground is rapidly declining. In recent months, and in the wake of a series of terrorist attacks across Europe, Germany, France and the United Kingdom — Europe’s biggest superpowers — have passed laws granting their surveillance agencies virtually unfettered power to conduct bulk interception of communications across Europe and beyond, with limited to no effective oversight or procedural safeguards from abuse.
After the recent Paris terror attacks, French law enforcement wants to have several powers added to a proposed law, including the move to forbid and block the use of the Tor anonymity network, according to an internal document from the Ministry of Interior seen by French newspaper Le Monde.
That document talks about two proposed pieces of legislation, one around the state of emergency, and the other concerning counter-terrorism.
Regarding the former, French law enforcement wish to “Forbid free and shared wi-fi connections” during a state of emergency. This comes from a police opinion included in the document: the reason being that it is apparently difficult to track individuals who use public wi-fi networks.
As the latter, law enforcement would like “to block or forbid communications of the Tor network.” The legislation, according to Le Monde, could be presented as early as January 2016.