France: New laws on intelligence
The new French criminal code which came into effect on 1 March includes several new provisions on security and intelligence. Espionage is no longer limited to military and political matters but now officially confirms the existing practice which extends its definition to industrial, commercial, and technological matters. The concept of threats to the "national defence interests" has been replaced by threats to the "fundamental interest of the nation" which extends to cover environmental and economic interests. The new law sanction not just the gathering of covert intelligence but also of "open" intelligence, that is information that might present a risk to the fundamental interests of the nation (even if each piece of information by itself is not secret). A totally new crime of "disinformation" is introduced which is one carried out in the interests of a foreign power with the intention of misleading civil or military authorities.
The new Article 413-9 protects information classified as "Ters Secret Defense", Secret Defense and "Confidentiel Defense". Crimes related to national security risks have been downgraded into misdemeanours to enable easier prosecutions.
Intelligence Newsletter 24.3.94.