French news - Le Monde and traffic data

Fri Sep 2 11:03:13 BST 2011

(I wonder if our Newspaper of Record would get so indignant about an
invasion of communications privacy covered up with bogus public interest
pretexts – oh, wait a minute
.)

http://www.microsofttranslator.com/BV.aspx?ref=zugo
<http://www.microsofttranslator.com/BV.aspx?ref=zugo&from=&to=en&a=http%3A%2
F%2Fwww.lemonde.fr%2Fsociete%2Farticle%2F2011%2F09%2F01%2Faffaire-bettencour
t-les-services-secrets-ont-viole-le-secret-des-sources_1566033_3224.html>
&from=&to=en&a=http%3A%2F%2Fwww.lemonde.fr%2Fsociete%2Farticle%2F2011%2F09%2
F01%2Faffaire-bettencourt-les-services-secrets-ont-viole-le-secret-des-sourc
es_1566033_3224.html

(original
http://www.lemonde.fr/societe/article/2011/09/01/affaire-bettencourt-les-ser
vices-secrets-ont-viole-le-secret-des-sources_1566033_3224.html)

The request of the judge was performed in emergency because there was a risk
of decline of evidence - the period of storage of individuals by telephone
operators detailed Billings (fadettes) does not exceed one year. The Paris
public prosecutor's Office, initially before a preliminary inquiry, had not
seen fit toperform this request.

Investigators quickly obtained two faxes, classified "confidential",
directed by Counterintelligence to Orange. They are both signed by the
Divisional Commissioner Stéphane Tijardovic, of the DCRI. The first of them,
dated July 19, 2010, claiming the detailed phone bills related to the mobile
phone of Gérard Davet. The DCRI, led by Bernard Squarcini, a very close
deemed officer of Nicolas Sarkozy, then wanted to obtain details of
telephone communications passed by our collaborator between 12 and 16 July
2010.

These requisitions were issued just after the revelation by Le Monde, dated
18-19 July, the content of the statements to the police of Patrice de
Maistre, Liliane Bettencourtconfidence man. Manager of fortune are put in
difficulty Eric Woerth, Minister of labour of Nicolas Sarkozy. The Elysee
was moved from these "leaks" in the press.

The DCRI has therefore, as early as July 19, the detailed phone bills of
Gérard Davet containing the number of all its correspondents, the time of
all its incoming and outgoing calls and their Geolocation.

OUT ANY PROCEDURAL FRAMEWORK

Is that in a second time that police make a second request to Orange, on 21
July, claiming the list of calls made by David Senate, Advisor technical of
the former keeper of the seals Michèle Alliot-Marie. The latter, on the
basis of the first technical expertise, is suspected ofbeing the source of
the World. Its fadettes are considered, from 12 to 19 July 2010. In the
aftermath, it is removed from Office and ordered to leave the Chancery.

Data now in the possession of j. therefore clearly contradict the argument
that power has continued tosay with this case. They show that the
authorities first acquired confidential information about a journalist
before tobe of interest to its possible source. And not the reverse, as they
have always argued.

The research of the fadettes of Messrs. Davet and Senate is done outside any
legal framework. In the revelation of the case, Frédéric Péchenard, Director
General of the national police (DGPN), had referred, in a press release on
September 13, 2010, "a brief and timely technical verification" on the
notebook of Mr. Senate. The DGPN was entrenched behind section 20 of the Act
of 10 July 1991 on interceptions of security. However this section 20
applies only for "defence of national interests" and excludes any search for
"communications provided to individuals" as the fadettes. Moreover, the DCRI
acted out any procedural framework, having informed that on 2 September the
Prosecutor's Office of Paris of his initiative.

The world had revealed the case, in fall 2010, ensuring, at the end of a
thorough investigation, that the Elysee had given the order to end leaks in
the case of Bettencourt. The power had denied any technical investigation on
the telephone of Gérard Davet, in violation of the secrecy of sources of
January 4, 2010.

"The DCRI is not the Stasi, told the National Assembly on 4 November the
former Minister of the Interior, Brice Hortefeux." "The objective of the
DCRI, do not follow the journalists." Nathalie Kosciusko-Morizet, then
Secretary of State for the digital economy, spoke, with regard to the
surveillance of journalists, "of an old French fantasy" by "the media".
Bernard Squarcini, interviewed by the JDD, had denied tobe interested in
journalists: "only journalists that interest me are those who fricotent with
foreign services", he said.

To the head of State, Nicolas Sarkozy, who interviewed on November 16, 2010
by journalists about the possibility that the police services could violate
the secrecy of sources Act, responded: "No, I do not imagine, I think not
" 

.

The Minister of the Interior, Claude Guéant, confirmed, Thursday 1er
September on France Info, as the Central Directorate of Interior
intelligence (DCRI) had done well to "locations of telephone communications,
which is quite different eavesdropping".

(also http://www.microsofttranslator.com/BV.aspx?ref=zugo
<http://www.microsofttranslator.com/BV.aspx?ref=zugo&from=&to=en&a=http%3A%2
F%2Fwww.lemonde.fr%2Fsociete%2Farticle%2F2011%2F09%2F01%2Faffolees-par-les-f
uites-dans-l-enquete-bettencourt-les-autorites-se-sont-affranchies-de-la-loi
_1566229_3224.html>
&from=&to=en&a=http%3A%2F%2Fwww.lemonde.fr%2Fsociete%2Farticle%2F2011%2F09%2
F01%2Faffolees-par-les-fuites-dans-l-enquete-bettencourt-les-autorites-se-so
nt-affranchies-de-la-loi_1566229_3224.html) 

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