That first article is truly insane. Persecuted for using tools and applications that are commonplace, as if they automatically make you part of a terrorist cell. What is the world coming to?

"I don't really have anything to hide, but you never know whether the government might act authoritarian at some point. So best to be safe and use privacy tools."

French police: "Hold my tear gas"

That first article, though I have read it through a translation app, is truly insane. The judge's quoted statement is just terrifying:

> « L’ensemble des membres de ce groupe se montraient particulièrement méfiants, ne communiquaient entre eux que par des applications cryptées, en particulier Signal, et procédaient au cryptage de leurs supports informatiques […]. »

Translated via DeepL: > "All the members of this group were particularly suspicious, communicating with each other only via encrypted applications, in particular Signal, and encrypting their computer media [...]".

Clandestine behavior, he says. Is the judge seriously thinking along the lines of “if you've got nothing to hide…” and associating ‘clandestine behavior’ to being a criminal? That's scary.

EDIT:

English language version of the first article (much thanks to @vanecx@mastodon.pirateparty.be):‌ https://www.laquadrature.net/en/2023/06/05/criminalization-of-encryption-the-8-december-case/

A note here about the context from near the end of the article, which is very worth reading.

"This case is a trial for the Ministry of Interior, which aims to normalise this framing for repressive purposes. During a Senate hearing that followed the violent repression of protests in Sainte-Soline [environmental protests severely repressed that happened in France in 2023], Gérald Darmanin, the French Minister of Interior, implored the legislature to change the law so that it would be possible to hack into demonstrators’ mobile phones, especially those using “Signal, WhatsApp, Telegram”: “Give us the same means for extreme violence as for terrorism”. His justification was that “there is a very strong, advanced paranoia in ultra-left circles […] who use encrypted messaging”, which can be explained by a “clandestine culture”. In an attempt to demonstrate the supposed violence of Sainte-Soline activists, he also cited the 8 December affair as an example of a “foiled attack” by the “ultra-left”, in defiance of any presumption of innocence23."

This is not just about use of technology signalling terrorism, it is about repression of dissent from the current government. Environmental protests, protests against the changes to pensions, and really any other protests are a target. This is antidemocratic at it's core and will be expanded unless resisted. This kind of authoritarian behaviour clearly shows the need for the very thing they are repressing, technology to maintain privacy and security for those the state disagrees with.

The list in the first one is so hilariously ridiculous that I have to remind myself how grave the accusations are.

• the use of applications such as Signal, WhatsApp, Wire, Silence or ProtonMail to encrypt communications;
• the use of tools to protect your privacy on the Internet such as a VPN, Tor or Tails;
• protecting ourselves against the exploitation of our personal data by GAFAM via services such as /e/OS, LineageOS, F-Droid;
• encryption of digital media;
• organization and participation in digital hygiene training sessions;
• the mere possession of technical documentation.

I have ticked almost all of these boxes at some point as a privacy conscious software developer. I wonder what I'm plotting?

The reality is, sometimes it's not even about the state. I'm well aware that they are such an adversary that, if I were specifically targeted for something I would want to hide, I'm in for a really bad time.

Sometimes, it's about the data advertisers collect and use to sell me more crap. Sometimes, it's about disagreeing with dragnet surveillance. Sometimes, it's about refusing to have these very valuable services be associated only with criminal intent.

Journalists, victims of abuse, whistleblowers and every day people just trying to have private lives have a use for some or all of these tools.

Also, WhatsApp and ProtonMail have access to metadata about who you are contacting as well as subject lines and, in the case of WhatsApp, images. They might avoid some ad targeting but both are pretty stupid tools to use if you're trying to hide something from the government. They both only scratch the surface of what we really need to avoid dragnet surveillance and yet are still better than many alternatives.

All of the people involved in the procecution of the first case should be disbarred and jailed. I can't believe the poor man endured more than a year of solitary confinement for the crime of being responsible on the Internet. I hope his persecuters choke and die. Disgusting. Human trash.