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Wireless Networking

Five Bar and Cafe Owners Arrested in France For Running No-Log WiFi Networks (zdnet.com) 178

In one of the weirdest arrests of the year, at least five bar and cafe managers from the French city of Grenoble were taken into custody last week for running open WiFi networks at their establishments and not keeping logs of past connected users. From a report: The bar and cafe owners were arrested for allegedly breaking a 14-year-old French law that dictates that all internet service providers must keep logs on all their users for at least one year. According to local media reports, the bar and cafe owners claimed they were not aware that such a law even existed, let alone that it applied to them as they had not received notifications from their union, which usually sends alerts of industry-wide legal requirements. Nonetheless, French media pointed out that the law's text didn't only apply to internet service providers (ISPs) in the broad meaning of the word -- as in telecommunications providers -- but also to any "persons" who provide internet access, may it be free of charge or via password-protected networks.
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Five Bar and Cafe Owners Arrested in France For Running No-Log WiFi Networks

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  • The slow creep (Score:4, Insightful)

    by lessSockMorePuppet ( 6778792 ) on Wednesday October 07, 2020 @02:25PM (#60582310) Homepage

    Totalitarianism starts with authoritarianism.

    • It's a 14-year-old law. That's definitely slow creep.

      • by Hizonner ( 38491 )

        The creeps have been slow to start enforcing it, especially in these most obviously idiotic cases. If you'd asked them 14 years ago whether this was what the law was about, I bet the would have denied it (while furiously masturbating).

    • by jythie ( 914043 )
      I suspect this is more a case of laws just not keeping up with advances and technology spreading wider than lawmakers could have predicted.
    • I read the comments and the idea that you think in your country logs are not kept is ludicrous. All countries keep logs. You just might know about it.

    • France didn't even permit meaningful encryption until recently. Seems like time for another revolution.

  • Your Honor (Score:4, Insightful)

    by Gabest ( 852807 ) on Wednesday October 07, 2020 @02:30PM (#60582338)

    The clients accessed the wifi network were the following: 192.168.0.1/24

    Do the bar owners need to ask for an id/passport and save it as well?

    • by lsllll ( 830002 )
      This reminds me a little of Section 230 a bit. We won't hold you responsible if you provide free, unlogged WiFi and block BitTorrent and Child Porn (a task just not doable), or require login and log so we can go after the offenders. Personally I think they should be able to provide free WiFi (if permitted under their contract with their service provide) without logging and the government can just go fuck itself.
    • Re:Your Honor (Score:5, Informative)

      by guruevi ( 827432 ) on Wednesday October 07, 2020 @02:42PM (#60582400)

      This is the EU, so yes, you need to log them by ID, they probably need a certification and permit to be able to provide it. Then you need to conform to GDPR as you save those logs and if someone asks, you need to delete all information they provided to you unless, off course, the government wants it, then you need to be able to produce those logs that someone asked you to delete. If you don't delete it, you're up for an arrest and a fine, if you don't keep it, you're up for an arrest and a fine. If your company is a chain or bigger company, or happens to have foreign investors, then you're more likely to be prosecuted for these same crimes.

      That is pretty much the state of small business ownership within the EU.

      • by fazig ( 2909523 )
        In 2014 the UK enacted their Data Retention and Investigatory Powers Act [legislation.gov.uk] especially as a reaction to the EU Court of Justice https://curia.europa.eu/jcms/u... [slashdot.org]">invalidating the data retention directive on the grounds of violating fundamental rights.

        Ever since then it was a thing of individual member states. And surveillance happy states like the UK and France of course did their own thing, while other nations repealed these laws despite politicians trying repeatedly.
        Germany for example was sued for no
        • by fazig ( 2909523 )
          The non messed up link to the press release of the invalidation from 2014: https://curia.europa.eu/jcms/u... [europa.eu]
        • If the Government requires to to keep certain information, the GDPR allows you to keep it. However you are not allowed to use it for any purpose other than handing it to the relevant government officials on receipt of a legal request to do so.

      • Geez, I can't image why most of the world'd innovation happens outside of the EU...
        • yup those europeans, they never invetned the industrial revolution, banned slavery, gravity, modern medicine, chemistry, discovering of elements. One has to wonder why so many sorry basically all scientific / international units are named after them.
          • Re: Your Honor (Score:3, Informative)

            Europeans had slavery well into the 20th century, they just changed what exactly was meant by it. Effectively, their idea was that it's not slavery if it happens in a colony. France alone had 3 million slaves at the turn of the century in French West Africa, and still maintained slavery in a limited form in French Indochina until they revolted in 1954.

          • I hadn't realized the Europeans had banned gravity. What a bunch of kooks!

        • Geez, I can't image why most of the world'd innovation happens outside of the EU...

          Because the EU is not a majority of the world by population?

    • drinking age in France is 18, or 16 if the person is in the presence of adults so they must not check lot's of ID's there

      • Drinking at age 18 is standard for almost all of the civilised world.
        • Actually you'd be surprised how variable it is. Some places even segregate the age based on the alcohol concentration. e.g. You can buy a beer at 16 but need to be 18 to drink shots in Switzerland.

          • I wouldn't be that surprised, as I have drunk in maybe 40 countries. The major variable is more about how strictly they enforce the rules.

            But Switzerland are a bunch of weirdos generally, so no surprises they have some weird rule.
            The really odd one was Iceland. The first time I was there you couldn't buy beer. At all. A glass of wine could be drunk in any pub or restaurant however.

            Like almost everywhere though, the drinking age was 18.

            • Yea, funny thing they were having in Switzerland something like they can't sell beer but can sell wine from a certain hour. I'm talking supermarkets here, some were even having the whole shelves locked in some cage, but the others were just "well, we can't sell you that right now".

            • by U0K ( 6195040 )
              You should have been drinking in some more countries then.

              In German speaking countries, iE, Germany, Austria, and Switzerland, as well as Denmark (where German is only spoken by a small subset in the southern region), as a general rule alcoholic drinks with a lower %vol like beer and wine can be bought and consumed in public from the age of 16. Distilled alcoholic drinks like vodka, whiskey, rum, and so forth can be bought and consumed in public from the age of 18.

              Some small local variations may apply.
            • by Cederic ( 9623 )

              You still can't buy beer in Iceland.

              It's for sale but nobody can actually bloody afford it.

      • I got my first (small) glass of wine at 12. It was considered an important part of my education. Develop taste.

        • I got my first (small) glass of wine at 12.

          I have memories of being tipsy if not drunk at that age. Usually at some kind of family event.

          • I remember sneaking a drink of Coors as a kid and thinking "ugh, how can adults drink this?"

            • by sodul ( 833177 )

              I remember sneaking a drink of Coors as a kid and thinking "ugh, how can adults drink this?"

              I'm an adult and think "ugh, how can anybody drink this?" about Coors.

              The first time I got drunk was with Chimay so my standards are biased.

        • by cusco ( 717999 )

          My entire family makes wine or beer, some used to have stills. We would have a glass of wine with any holiday dinner from the age of 6 or so. I made wine by myself for the first time when I was 12, mulberry. I still pick four gallons of blackberries every summer and make another five gallon carboy of wine, and sometimes another carboy if I find a good deal on fruit. I just found a recipe for banana wine that looks interesting the other day.

    • Do the bar owners need to ask for an id?

      LOL

      You're talking about a country where they get angrily triggered if you suggest that daily drinking is a sign of alcoholism.

    • Log the MAC address. Sure, someone really attempting to secretly control a terrorist cell from the bar's hotspot will likely use a fac MAC but you're never going to catch them this way anyway.

  • From the summary (Score:5, Informative)

    by bobstreo ( 1320787 ) on Wednesday October 07, 2020 @02:33PM (#60582354)

    "Nonetheless, French media pointed out that the law's text didn't only apply to internet service providers (ISPs) in the broad meaning of the word -- as in telecommunications providers -- but also to any "persons" who provide internet access, may it be free of charge or via password-protected networks."

    There may be an issue with people within their homes or businesses providing this service "For Free" and not appropriately logging.

    • Seems like, yes, there is an issue, and people in France should probably shut down WiFi access to friends/family/public until they can organize enough to get this law repealed. Or start logging.

    • As I am in France and about to run a Gite I know about this law. The ISP will log the data and whenever something odd comes up they will delegate it down to the client of theirs. Then the police goes to the client, and confronts them. If this case is a GITE and a client, then unless you can prove it was a client, you are liable. They will apply this law for terrorism, and copyright violations.

    • by MobyDisk ( 75490 )

      How could this not be absolutely explicitly clear in the law? Unless the law was written 25 years ago, any members of their government would have a Wifi router at home so it's not like they wouldn't think about it.

      • by sxpert ( 139117 )

        french citizen here. trust me, the lawmakers are pretty clueless with regards to technology, whichever party they are from

  • by Excelcia ( 906188 ) <slashdot@excelcia.ca> on Wednesday October 07, 2020 @02:36PM (#60582364) Homepage Journal

    Ahhh, nothing like dredging up a fourteen year old law that nobody knows applies to you and tossing some indictments around, you know, just to spice up people's lives which have been in grave danger of becoming dull and too easy as of late. Go France! You fine upstanding bastion and showcase of freedom to the world!

    • by freeze128 ( 544774 ) on Wednesday October 07, 2020 @02:45PM (#60582418)
      "Off with their Headers!"
    • by Bert64 ( 520050 )

      Well the law has been around for 14 years, there really is no excuse for not being aware of it...

      • If, in the last 14 years, it's -never- been enforced or interpreted in this way, to the point that the union's team of lawyers whose job is to know such things, didn't know it, then there is perhaps a justifiable reason to not be aware of this law which they are allegedly violating.

        Sounds to me like some county's having revenue issues and trying to get creative to drum up business for the corporations that run their prisons, but then, I'm an American and that sort of thing happens all the time around her
        • by Bert64 ( 520050 )

          There are many laws for which enforcement is very lax, but that doesn't change the fact that they are published laws that people need to be aware of and comply with.
          There is also typically a grace period with new laws, giving people chance to comply and law enforcement time to become aware of how to identify those who are breaking the law... That would make sense here as it gives providers time to acquire new equipment capable of storing the necessary logs, although 14 years seems a long time.

          There are also

          • by jm007 ( 746228 )
            "...published laws that people need to be aware of and comply with..."

            how much time do you personally spend perusing the law books looking for something that might apply to you? don't forget local laws, state and national, if applicable

            there are literally tens of thousands of them, written in a semi-foreign language

            when common sense and the law diverge, always go with common sense
            • by jythie ( 914043 )
              And in this case, laws written for industries you are not part of. I can see how a bar simply providing wifi for its customers did not think to look into ISP regulations.
            • by Bert64 ( 520050 )

              If you're running a business, then absolutely you must familiarise yourself with all laws that apply to your business.
              If your business is running a cafe, then you need to be familiar with all the food standard laws etc.
              If you start providing internet access, then your business has now changed - you are now a service provider and must comply with the legislation that exists there.
              It's irresponsible to start providing a new service without obtaining legal advice first.

              when common sense and the law diverge, al

              • by jm007 ( 746228 )
                business or personal, doesn't matter.... how much do *you* know about all the laws that apply to you? are you actively seeking them out so you don't go to jail?

                are you holding others to standards you yourself don't adhere to?
        • by Hizonner ( 38491 )

          Sounds more like they're trying to eliminate competition for overpriced paid hotspots run by people they control.

          • > Sounds more like they're trying to eliminate competition for overpriced paid hotspots run by people they control

            Close, I suspect. I don't know a lot about French politics, but I know who is paying for the politician's campaigns in the US. Our top law maker, Nancy Pelosi, is paid for by:

            1 University of California
            2 Disney
            3 Google
            4 Microsoft
            5 Comcast

            That's the top 5 keeping Pelosi in office. If they're the ones who keep their favored politicians in office and stop financing the campaigns for politician

        • by sxpert ( 139117 )

          there are no private prisons here.

      • Comment removed based on user account deletion
    • No actually people in France know about this law, but they flaunt it. Until it bites them in the ass. For reference I am in France.

  • by Murdoch5 ( 1563847 ) on Wednesday October 07, 2020 @02:39PM (#60582384) Homepage
    Companies who don't keep logs and who don't spy on users, when it makes sense, should be awarded, not arrested. All this kind law does is to strip privacy rights from innocent people, for very little to no reason. You could argue that it's in the cafe's interest to keep logs, because if person X surfs to Y or does Z and Y and Z are illegal, the cafe could get in trouble, bu in the same boat the cafe should not be held responsible for that.
    • by Bert64 ( 520050 )

      There's a difference between spying on user's activity, and logging the presence of users and duration of their sessions.

      Logging that user X connected at 14:00 and disconnected at 15:00 is reasonable, and what ISPs have always done. The ISP has no idea *what* exactly they did while they were connected.
      Logging that user X connected to www.slashdot.org at 14:01 is not.

      Traditionally every user connecting would have exclusive use of an Internet-visible IP for the duration of their session, so any given action r

      • by sxpert ( 139117 )

        indeed, that's the only real logging that needs to be done...

  • by sideslash ( 1865434 ) on Wednesday October 07, 2020 @02:39PM (#60582386)
    Ethical cloud business owners sometimes have to choose between continuing to exist while lying to their customers, or shutting down to protest an intrusive government mandate. And they are gagged from even talking about it, which in my opinion is unconstitutional.

    The owner of Lavabit received such a letter, and did what he could to stand up to such tyranny, including delivering a key as a hard copy printout. He eventually shut down his operation rather than lie to his customers. This is what a digital hero looks like, kids.
    • Gag orders on NSL's are blatantly unconstitutional. Warrantless search and seizure of any sort is also blatantly unconstitutional, although that's a second violation that is perhaps more open to debate (arguably, the NSL is itself a kind of warrant). So long as we tolerate evil long past what is reasonable or just, in the name of our love of peace, those in power will continue to abuse whomever they can for their own gain.
  • by geekmux ( 1040042 ) on Wednesday October 07, 2020 @02:44PM (#60582414)

    ...every Starbucks in France proves their compliance with a shitload of log files.

    I have this feeling this is where we'll find certain regulations are for thee, but not for me.

    Politicians are bean sucking addicts too.

  • Easy solution, just put a dead canary in a cage by the front door. Let your patrons draw their own conclusions.
  • by Voice of satan ( 1553177 ) on Wednesday October 07, 2020 @03:12PM (#60582542)

    Unless they have changed that an IP is proof of identity in France. If someone uses your Wifi to download Child Porn you will be condemned. In fact if i recall well, having an unprotected Wifi in France is a crime. At the time it was a move against piracy.

    Running a TOR node can be dangerous too. If you have an exit node and child porn come through it, the judges will consider you have downloaded child porn.

    Yeah, French internet laws are idiotic and the French IT people are aware of that. I recall the commotion when they were voted.

    Caveat, some aspects of some of these laws might have been amended but i doubt it.

    • Even in France, the people get the governance they elect, thus they deserve what comes from stupid laws like this.

    • by AmiMoJo ( 196126 )

      They need to log the MAC addresses and the IP address assigned to them, and the DNS queries they make.

      Hopefully people are aware they need to use a VPN on public networks.

  • In the US, librarians were once the protectors of privacy and freedom. If you wanted to check out a book that the government didn't like, you could do so knowing that the library won't tell the government. Even if the storm troopers charged into the library and demanded to know the names of everyone who read [Mein Kampf, for instance], the librarian would protect your privacy. Across the nation, this was standard procedure.

    Now, of course, if you want to use the library computer you have to scan your library

  • Was the user in France?
    What are the log retention laws for each country I'm flying over or driving through?

    The technical challenges could be daunting.

  • There are so many laws nowadays that if anyone wants to throw you in jail they can easily find an excuse. And every year they add more.
  • Yeah, I'm gonna go there. We liberated France and drove out the NOTzis, just so they could return 60 years later...

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