Arm wrestling between the qualified personality of the CNIL and the Interior


This is a first. The qualified personality of the CNIL decided to seize the administrative court. Responsible for controlling the blocking and dereferencing measures, she challenged the decision of the Ministry of the Interior that four publications of Indymedia would be as many incentives to terrorism. To understand the supporters, we must return for a moment to the fundamentals of this administrative block. Originally planned for child pornography with the LOPPSI in 2011, this device was extended and reworked during the law of 13 November 2014 on the fight against terrorism.
Since the two decrees of application dating from February and March 2015, the Central Office of fight against crime related to information and communication technologies (OCLCTIC) is able to define a blacklist of sites to block in the hands of the ISPs, or to dereference in the workings of the engines.
These measures concern sites promoting or provoking terrorism as well as those broadcasting child pornography. It is an administrative block in the sense that the judge never intervenes upstream to gauge the proportionality of the infringement of the freedom of communication or information. To put some water in the wine, the legislator nevertheless provided for the intervention of a "qualified personality" designated by the CNIL.
Four pages of Indymedia targeted by a blocking request

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