French government pauses encryption access battle
The French government has pledged not to reintroduce measures that would force encrypted messaging services to grant authorities access to private conversations before the end of the current parliamentary session, ecranmobile.fr reported.
The executive branch is now seeking to remove Article 16 bis from a new cybersecurity bill, changing the government's approach to end-to-end encryption.
The removal of Article 16 bis
The government is pushing to strike Article 16 bis from the bill concerning the resilience of critical infrastructure and the strengthening of cybersecurity. This specific article, originally introduced by the Senate, prohibited the state from imposing technical requirements that would intentionally weaken the security of communication services.
The government argues that the current wording of Article 16 bis is too broad. Officials claim the article could restrict legal tools already used by intelligence services and judicial authorities. Anne Le Hénanff, the Secretary of State for Digital Affairs, stated that the article would have a “deleterious impact on services” while announcing the government’s intent to support its removal.
In exchange for the removal of this protection, the government has committed to not supporting any provisions similar to those previously proposed in the 2025 anti-drug trafficking law. That earlier measure would have required platforms like WhatsApp, Signal, Telegram, Messenger, or the French service Olvid to provide authorities with the content of messages from monitored individuals, even if they were encrypted.
Technical challenges for targeted access
A report submitted by Florent Boudié, former president of the Law Commission, recommends that authorities seek a way to achieve targeted access to specific content without compromising the overall integrity of encryption systems.
Boudié’s report suggests reversing the previous logic: instead of creating a legal mandate and then asking tech companies to find a way to comply, the government should first identify a technically viable and secure method. If such a solution is found, a new legal obligation could potentially be considered.
However, ecranmobile.fr notes that no such technical solution has been identified at this stage. Experts warn that introducing any form of “backdoor” to allow legitimate access could inadvertently create vulnerabilities that cybercriminals or foreign intelligence agencies could exploit, increasing the overall attack surface of these systems.
Upcoming legislative timeline
The text is scheduled for its first reading in the National Assembly from November 9 to November 13, 2026.
Because the bill is still under parliamentary examination, the final content remains subject to change. The central question remains whether a technical method can be developed that satisfies the needs of law enforcement without undermining the fundamental security of end-to-end encrypted communications.
Which messaging apps were affected by previous proposals?
The previous anti-drug trafficking law considered requirements for several major platforms, including WhatsApp, Signal, Telegram, Messenger, and the French messaging service Olvid, to transmit encrypted content to authorities.
What is the purpose of Article 16 bis?
Introduced by the Senate, Article 16 bis was designed to prevent the state from forcing encryption providers to integrate technical devices that would intentionally weaken the security of their communications.
When will the new law be discussed in the National Assembly?
The project regarding critical infrastructure resilience and cybersecurity was due to undergo its first reading in the National Assembly between November 9 and November 13, 2026.