Security and its Challenges in the 21st Century

By the year 2000, a balance was sought between security requirements and a respect for privacy, as well as for individual and collective freedoms. As we progress further into the 21st century, however, security is taking precedence within an increasingly controlled society.

This shift is due to advances in innovative technologies and the investments made by commercial companies to drive constant technological progress. Despite the implementation of the General Data Protection Regulation (GDPR) within the EU in 2018 or 2020’s California Consumer Privacy Act (CCPA), regulatory bodies do not have the ability to fully manage the consequences presented by emerging technologies. Security and Its Challenges in the 21st Century provides students and researchers with an international legal and geopolitical analysis; it is also intended for those interested in societal development, artificial intelligence, smart cities and quantum cryptology.

CLAUDINE GUERRIER has both a political and a legal background and is a professor of law at the Institut Mines-Télécom Business School in France. Keenly interested in security-related research since 2000, she believes research itself to be an indispensable part of writing.

Introduction ix

CHAPTER 1 SECURITY: ACTORS AND RIGHTS 1

1.1 Numerous actors 1

1.1.1 Nation-states 1

1.1.2 Multinationals 3

1.1.3 The GAFAM 9

1.2 Rights and security 10

1.2.1 The law of armed conflict 10

1.2.2 Environmental law 16

CHAPTER 2 INTERCEPTIONS 25

2.1 International interceptions 25

2.1.1 Interceptions in the 20th century 25

2.1.2 Interceptions in the 21st century 27

2.2 Interceptions in France 37

2.2.1 The 1991 law 38

2.2.2 The law of March 9, 2004 41

2.2.3 The 2015 Intelligence Act 42

2.2.4 Reform of the code of criminal procedure 52

CHAPTER 3 GEOLOCATION AND VIDEO PROTECTION 59

3.1 International standards for both geolocation and video protection/video surveillance 59

3.1.1 Comparative legal issues in the era of geolocalization 59

3.1.2 Belgian legislation on geolocation 61

3.1.3 Video surveillance/video protection 63

3.2 France 67

3.2.1 The legislative and regulatory framework 67

3.2.2 The case law just before the LOPPSI 2 and the Jean-Marc Philippe establishments 69

3.2.3 The entry into force of the LOPPSI 2 74

3.2.4 Jurisprudence after LOPPSI 2 74

3.2.5 Video protection and terrorism 88

CHAPTER 4 BIOMETRICS OR “THE SECOND CIRCLE” 89

4.1 Biometrics and international law 90

4.1.1 The United States: a historical outline 90

4.1.2 Standardization 93

4.1.3 The European Union and biometrics 94

4.2 France 98

4.2.1 Visa control 98

4.2.2 Passports 99

4.2.3 The TES database 101

4.2.4 Setting up Alicem 117

4.3 Facial recognition at the heart of globalization 119

CHAPTER 5 PERSONAL DATA IN THE UNITED STATES AND EUROPE 121

5.1 The United States and the protection of personal data in the European Union: Directive 95/46 122

5.1.1 Sensitive data 122

5.1.2 The right of access 123

5.1.3 Security 123

5.1.4 The directive of December 15, 1997, followed by the directive of July 12, 2002 and supplemented by the directive of November 25, 2009 124

5.1.5 Geolocalization 125

5.1.6 Cookies 125

5.2 The GDPR 126

5.2.1 Consent 127

5.2.2 Metadata and the “Privacy” bill 134

5.3 Cloud computing 138

5.3.1 Definition 138

5.3.2 The Safe Harbor Principles agreement 139

5.3.3 Privacy Shields 140

5.3.4 Two models 140

CHAPTER 6 CYBERSECURITY AND PRIVACY 145

6.1 Cybersecurity itself 146

6.1.1 Cybersecurity in the United States 146

6.1.2 Cybersecurity in China 147

6.1.3 Cybersecurity in Japan 147

6.1.4 Cybersecurity and the European Union 148

6.1.5 Cybersecurity in the United Kingdom 149

6.1.6 Cybersecurity in France 149

6.1.7 The dangers of cyber-attacks 151

6.1.8 Two interesting cases 154

6.2 Cybersecurity and cryptology 158

6.2.1 Cryptology: the science of secrecy 158

6.2.2 Risks 161

6.3 PNR data 164

6.3.1 Element of definition 164

6.3.2 PNR data and nation-states 166

6.4 Smart cities 179

6.4.1 The development of standardization and certification 181

6.4.2 Strategies and CSIRTs 182

CHAPTER 7 SECURITY INSTRUMENTS IN TEXTS RELATING TO TERRORISM 185

7.1 Security instruments 185

7.1.1 The millimeter-wave scanner 185

7.1.2 The body camera 196

7.1.3 UAVs: a dual use – military and civilian 202

7.2 Standards in relation to terrorism 208

7.2.1 The law of 2014 209

7.2.2 The law strengthening internal security and the fight against terrorism 219

CHAPTER 8 SECURITY AND DEMOCRACY 225

8.1 Fake news 226

8.1.1 The definition 227

8.1.2 Obligations 227

8.2 Hate speech 237

8.2.1 The report 237

8.2.2 The proposed new mechanism 239

Conclusion 245

References 249

Index 251