update from webadmin

content/posts/renseignement-offensive-conseil-detat-et-qpc/contents+en.lr

@@ -87,26 +87,16 @@ This article specifies that "*measures taken by public authorities to monitor an
 
 For a start, the notion of "*wireless communications*"[^6] might not be clear for everybody, and it is useful to provide a few examples. It might concern, for instance, all information sent:
     
-
-    between a mobile phone and its relay antenna (GSM/3G/4G);
-
-    between a WiFi hotspot and a computer, smartphone or tablet;
-
-    by a laptop using a 3G or 4G dongle;
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-    between two Bluetooth devices (wireless microphones, etc);
-
-    between a cordless phone and its station;
-
-    between two ham radio practitioners or two walkie-talkies, etc.;
-
-    by users of Satellite, WiMax, WiFi etc.;
-
-    between an instant pay card and its station;
-
-    by a GPS beacon;
-
-    between an NFC chip (which you find in credit cards, or various other cards) and the reader.
+-   between a mobile phone and its relay antenna (GSM/3G/4G);
+-    between a WiFi hotspot and a computer, smartphone or tablet;
+-  by a laptop using a 3G or 4G dongle;
+-    between two Bluetooth devices (wireless microphones, etc);
+-  between a cordless phone and its station;
+-  between two ham radio practitioners or two walkie-talkies, etc.;
+-  by users of Satellite, WiMax, WiFi etc.;
+-  between an instant pay card and its station;
+-    by a GPS beacon;
+-   between an NFC chip (which you find in credit cards, or various other cards) and the reader.
 
 
 Therefore, all "*public authorities*" - all state services (ministers, prefects, DGSE, DGSI, independent authorities, etc.) - may have recourse to any technique allowing "monitor and control" of these wireless transmissions, in the name of "*the defence of national interests*".
@@ -122,13 +112,13 @@ Thus, all wireless communications are de facto excluded from the scope of the -
 In the face of such a lack of safeguards, we can only expect the French Constitutional Council to follow its own case law and to censure this provision for "negative incompetence"[^7], as it had done so with the Surveillance Law by censoring the provisions pretending to regulate international surveillance.
 Apart from this legal action, whose delays are strictly limited, we will certainly have to be patient since the Government will most likely run out the clock and try to avoid that any case be brought before a European jurisdiction. Three years after the beginning of the Snowden revelations, and facing the inertia of the European Parliament, it is now the judges' turn to have the final say. Let us hope they will overcome the temptation of following the reason of State.
 
-[^1] Source: [Le Figaro, 23 June 2015](http://www.spinosi-sureau.fr/) [FR].
-[^2] The oldest French non-profit Internet access provider still active.
-[^3] La Quadrature du Net has translated these two laws. This translation is not official, but is the only one available.
-[^4] National Oversight Commission for Intelligence-Gathering Techniques.
-[^5] The QPC is a French Constitutional Law procedure allowing persons involved in a pending case to ask the Constitutional Council to assess the constitutionality of the laws relating to the case at hand.
-[^6] « [T]ransmissions empruntant la voie hertzienne » in French.
-[^7] The notion of "negative competence" is a French Constitutional Law one, referring to cases where the legislator has overlooked his competence derived from the principle of legality (art. 34 of the French Constitution). The omission of this principle leaves the regulatory power with the task of regulating cases which should have been regulated in the law.
+[^1]: Source: [Le Figaro, 23 June 2015](http://www.spinosi-sureau.fr/) [FR].
+[^2]: The oldest French non-profit Internet access provider still active.
+[^3]: La Quadrature du Net has translated these two laws. This translation is not official, but is the only one available.
+[^4]: National Oversight Commission for Intelligence-Gathering Techniques.
+[^5]: The QPC is a French Constitutional Law procedure allowing persons involved in a pending case to ask the Constitutional Council to assess the constitutionality of the laws relating to the case at hand.
+[^6]: « [T]ransmissions empruntant la voie hertzienne » in French.
+[^7]: The notion of "negative competence" is a French Constitutional Law one, referring to cases where the legislator has overlooked his competence derived from the principle of legality (art. 34 of the French Constitution). The omission of this principle leaves the regulatory power with the task of regulating cases which should have been regulated in the law.
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