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While I agree the situation underlines a real problem, I don't think it lies where people think. If you read the text, you will realise that, even if they are really clumsy, the issue here is not so much the DCRI than French law itself. Let's look closely at what is happening :
1 - The DCRI aks the Wikimedia Fundation to delete an article from Wikipedia because it's infringing article 413-11 of the French penal code.
2 - The Wikimedia Fundation refuses arguing the order should state which piece of information in the article is classified.
3 - As the Wikimedia Fundation is an american organisation, the DCRI turns itself towards its French arm, the French Wikimedia and its representative.
4 - Under pressure, the president complies and removes the article pointing that people putting it back will be breaking the law. Well, actually, he is probably right. While I understand why the Wikimedia Fundation took a stand and refused to remove the article, as silly as it seems, the fact remains : In France, putting classified information online is illegal even you don't know they are classified. Let's look at the article 413-11 :
http://www.legifrance.gouv.fr/affichCodeArticle.do;jsessioni... First, this article is aimed at everyone not mentioned in article 413-10. Article 413-10 lists the sanction for people which are legitimately depositary of a state secret. Thus, article 413-11 concerned anyone knowing a state secret without being mandated. Now, there is three points in the article. The first one says that the mere fact of knowing classified information without being mandated is illegal (yes, even by accident). The second one that destroying, stealing or copying such information is illegal (yes, it's unnecessary considering that to do that you have already committed 1). The third (unnecessary too) states that sharing this information with the public is illegal too. So yes, if the Wikipedia article contains classified information, Wikimedia France already broke the law and its legal representative is liable and yes it's laughable. But now, the best part. Do you know why there is so unnecessary part in this law ?
Because it was changed in 2009 ! Previously, article 1 only criminalised illegally acquiring classified information, not knowledge of it. But, you nailed it, transforming unknowing citizen into criminals was obviously a necessity to protect us against terrorists and the amendment was passed in a state of general indifference despite some warning from the press (for once). So, if you want to blame someone, blame the French parliament and the French people. It's entirely our own fault (you can also do some lobbying if you happen to be French, the new government might hear you but I doubt it). |