The news that three French presidents have been eavesdropped by the Americans, with at least one of them, Nicolas Sarkozy, having his mobile phone calls intercepted, has unleashed a storm of protests and controversy. In a tough statement the Elysée itself described the actions as “unacceptable” and added: “France, which has reinforced its control and protection measures, will not tolerate any scheming that threatens its security and the protection of its interests.” Meanwhile politicians of all hues lined up to denounce the “scandalous” spying on France, as one senior figure put it.
Yet after the initial and inevitable public outcry, the reaction from the authorities in Paris to the revelations by Mediapart and Libération, working with Wikileaks, are likely to be more measured. First of all, Paris has known for some time that key figures in the government and state apparatus are eavesdropped by the Americans. But France has never really protested for the simple reason that its own secret services work with the American intelligence agencies and also spy on others, including “friendly” powers.
Another reason for potential reticence by the French authorities is that the revelations came on the eve of the scheduled final Parliamentary vote on the government's new snooping legislation, the controversial surveillance law or loi renseignement. Though the internet community, civil liberties groups and a handful of politicians have strongly opposed this measure, which hands wide-ranging surveillance powers to the French intelligence services, it has so far been backed by an overwhelming majority of French MPs and senators.
When contacted by Mediapart on the evening of Tuesday June 23rd, the Elysée initially declined to comment, before issuing its statement on Wednesday morning. However, sources on Tuesday did note that ahead of the meeting between François Hollande and American president Barack Obama in Washington on February 11th, 2014, and then during the meeting itself, there was an “undertaking to no longer carry out indiscriminate eavesdropping of the state services of an allied country”.
At that time, in early 2014, the French and American presidents were doing their best to close down the controversy caused by National Security Agency whistleblower Edward Snowden's revelations the previous summer. These disclosures had shown not only the vast scale of US spying on the internet around the world, but also that the NSA had been eavesdropping on European institutions and world leaders. Most devastating of all was the news that the mobile phones of German chancellor Angela Merkel and Brazilian president Dilma Rousseff had been tapped.
In response to those claims France's prime minister at the time, Jean-Marc Ayrault, said he was “deeply shocked”. The then-interior minister Manuel Valls who is now the prime minister, attacked what he called “shocking” revelations and called for explanations from Washington. And the French foreign minister, Laurent Fabius, summoned the American ambassador in France to his office to make clear the French government’s concerns and to ask for explanations over the affair. But in fact the American “explanations” never came and France did not continue to make a public fuss over the issue
“Following … Snowden's revelations President Obama and myself clarified matters relating to the past. Then we worked on a form of cooperation that can allow us to fight against terrorism while at the same time respecting principles. And we are making progress on this cooperation. Mutual trust has been restored,” said François Hollande during a joint press conference with his American counterpart on February 11th, 2014.
President Obama himself said: “What I’ve also said, both publicly and privately ... is that we are committed to making sure that we are protecting and concerned about the privacy rights not just of Americans, not just of our own citizens, but of people around the world as well. That's a commitment, by the way, that's fairly unprecedented in terms of any country’s intelligence operations.”
He added: “We do remain concerned, as France is and as most of the EU is, with very specific potential terrorist networks that could attack us and kill innocent people. And we’re going to have to continue to be robust in pursuit of those specific leads and concerns, but we have to do it in a way that is compatible with the privacy rights that people in France rightly expect just like they do here in the United States.”
In fact it had been clear since the summer of 2013 that the French authorities were being spied on. German publication Der Spiegel revealed that France was, along with China, Russia, Iran, Germany, Japan, Italy and Spain, on a secret list of “priority targets” for the NSA. These claims were confirmed a few months later by The New York Times. The German weekly also said that the NSA had gained access to the secure computer network at Quai d'Orsay, the headquarters of the French foreign ministry in Paris, and was spying on French diplomats in Washington and elsewhere in the United States.
Le Monde even claimed that France had possession of “tangible evidence that its interests are targeted daily”: over 30 days from December 10th, 2012 to January 8th, 2013, the NSA carried out 70.3 million recordings of telephone data, meaning connection details, text messages and conversations. The same newspaper said that France asked for the NSA to explain its actions after it suspected the agency of carrying out a cyber-espionage operation against the French presidency between the two rounds of voting in the French presidential elections in May 2012.
In Germany the media there has confirmed in the past few weeks that the US has been spying on French leaders. After the Snowden affair a Parliamentary committee of inquiry was set up in Germany to look into the actions of the NSA, and this has shown the collusion between the American agency and the German intelligence agency the BND. Its investigation has also shown that a listening station on an American base in Bavaria has been used to snoop on European leaders and senior figures. These figures include officials at the French foreign ministry and the Elysée, and “French politicians”. Yet in the face of all these past revelations the French government has always shown great caution in its reaction.