Elon Musk’s Starlink service, which aims to become a truly global telephone operator, is in conflict with the French authorities. He would simply not comply with his legal obligations.
Billionaire Elon Musk’s Starlink satellite constellation is at the heart of technological news in France, but not necessarily for the right reasons. Our colleagues from the Informed we learn this week that the French authorities are concerned about Starlink’s failure to comply with its legal obligations in terms of judicial and security interceptions.
All of this raises concerns about law enforcement’s ability to investigate effectively, since they cannot intercept communications that pass through the Starlink network. Let’s see the details of this case and the implications, both for the operator and the authorities.
An unexpected legal challenge for Starlink in France
A little context is in order. In France, Internet service providers (Orange, SFR and others) are required to allow judicial and security interceptions, to thus facilitate access to communications and connection data of individuals suspected of serious offenses or crimes. , at the request of the judicial authorities. “Communications” also includes files sent, emails exchanged and others.
But in 2021, a law extended these obligations to electronic communications operators who do not offer their users traditional telephone calls. And Starlink is one of them. In theory, any operator of this type must obtain ministerial authorization, except that, you guessed it, the American actor never made this request.
And the lack of lawful interceptions on the Starlink network is of particular concern to law enforcement. Satellite constellations are seen as an opportunity for criminals and cybercriminals to slip through the cracks. Everyone remembers the previous Twitter, another property of Elon Musk, when the French justice system encountered obstacles in obtaining answers.
ARCEP can place Starlink in its sights, pending compliance with French laws
If we look ahead to the future of events, we must look at ARCEP, the Regulatory Authority for Electronic Communications and Posts. Remember that it is she who is responsible for ensuring that Starlink complies with legal obligations. If the operator does not comply, the authority can impose sanctions. These can range from temporary or total suspension of services to fines of up to 3% of turnover.
Let’s not rush things, it is still a little early to know if any measures have been taken at this stage. What we know is that SpaceX, the parent company of Starlink, has not yet wished to comment on the subject. And in addition to fines, the authorities have another power: that of dismantling Starlink satellite networks in France. Such an operation would cost a fortune for Elon Musk’s firm, which claimed more than 10,000 customers in France at the end of last year. NGOs, businesses and individuals… Starlink seems to convince different sections of users.
Until Starlink decides to comply with legal requirements, the intelligence services have in their possession a proximity capture device, which allows them to intercept satellite communications, without requiring the assistance of operators. However, we are talking here about a device in the testing phase, which has never been used yet. Without calling into question the future of Starlink in France, the company has every interest in complying, otherwise there will only be losers.
Source : the Informed
10