Tech
French court ruling may lead to legal challenges over state Sky ECC and EncroChat phone hack | Computer Weekly
The French supreme court has turned to the European Court of Justice to decide whether EU citizens have the right to challenge the legality of evidence obtained by French law enforcement by hacking the Sky ECC cryptophone network.
The Cour de Cassation has asked the European Court of Justice to rule whether French law is in line with European law. It comes after the French courts refused the right of a German citizen to appeal against the lawfulness of the French hacking operation in the French courts.
The decision will have “significant consequences” for legal proceedings in the European Union against individuals who are charged with criminal offences based on evidence obtained by French police from hacking the Sky ECC and EncroChat encrypted phone networks.
French, Belgian and Dutch police infiltrated servers belonging to Sky ECC, the world’s largest cryptophone network, and decrypted millions of messages between June 2019 and March 2021, leading to the arrest of drug gangs across Europe.
French and Dutch police also harvested messages from tens of thousands of EncroChat cryptophone users after police infiltrated the network’s servers in a novel hacking operation in 2020. A three-year investigation led to 6,500 arrests of organised crime and drug groups worldwide and the seizure of nearly €900m in cash and assets.
France ‘breached European law’
A coalition of defence lawyers, known as the Joint Defence Team, are challenging the legality of the French hacking operation. They argue that France breached European law by obtaining millions of encrypted messages from Sky ECC and EncroChat without grounds for suspicion against the individuals targeted.
They also argue that the French failed to notify other EU states in advance about when they intercepted messages from phones outside of French territory, denying other EU member states the right to object to the operation.
The defence lawyers say that their argument gained extra weight after the French supreme court ruling in June 2025. The court stated that EU states engaged in cross-border digital investigations must formally notify other EU states when intercepting data in their jurisdiction – an obligation defence lawyers say has been ignored in the Sky ECC operation.
No legal recourse
Individuals facing prosecution have been denied the right to challenge the lawfulness of the French hacking operations before judges in their own country, because the “mutual recognition” principle requires EU member states to accept evidence provided by other member states under European Investigation Orders (EIOs).
At the same time, people have been denied the right to challenge evidence in the French courts, leaving people charged with offences based on intercepted Sky ECC or EncroChat messages without legal recourse to appeal.
German lawyer Christian Lödden and French lawyer Guillaume Martine filed an appeal on behalf of a man accused of crimes based partly on evidence from Sky ECC intercepts in Germany, in the Paris Court of Appeal in June 2024, seeking to challenge the lawfulness of the Sky ECC data. The court ruled that the man was not entitled to be heard by the French Court.
Lödden, working with a network of European defence lawyers, appealed the decision in the French supreme court in February last year.
Decision will have ‘significant consequences’
The supreme court found that under French law, it was not possible for people accused of crimes in other countries to bring an appeal in France to challenge the lawfulness of the evidence, when it had been shared with another country under an EIO.
But the court also recognised the right of defendants to seek legal redress, and in a ruling on 16 September, the French supreme court asked the Court of Justice of the European Union to determine if there is a conflict between French and European law.
“The interpretation requested is likely to have significant consequences…in proceedings currently underway in various member states of the EU, where prosecutions rely on evidence similar to that contested here, all originating from the Sky ECC procedure,” the court said in its ruling.
‘Fishing with dynamite’
Lödden told Computer Weekly that the French operation to hack Sky ECC, amounted to a mass surveillance operation against 170,000 devices across the world, without concrete grounds for suspicion against individual phone users required under European law. “It was like fishing with dynamite,” he said.
Under current law, it was not possible to have a court review the lawfulness of the interception operations against Sky ECC and EncroChat, he said, adding: “That is totalitarianism, not the rule of law.”
Justus Reisinger, a Dutch defence lawyer, said that the French supreme court decision “created a possibility of having a real effective remedy” against Sky ECC.
No judge has so far decided on the lawfulness of evidence obtained by French police by hacking encrypted phones in other countries without notifying those countries in advance and giving them a chance to object, he said.
“The Court of Justice of the European Union and the French Cour de Cassation agree that interception is unlawful if there is no notification, and there has been no notification. If this case is found admissible, then the outcome is almost certainly they will declare [the Sky ECC evidence] unlawful,” he added.
France, which carried out the Sky ECC hacking operation, obtained the data on the premise that it would bring prosecutions against individuals involved in running the Sky ECC network, including its founder Jean-Francois Eap and distributor Thomas Herdman.
French police went further and gathered data from Sky ECC phones worldwide, which it provided to law enforcement agencies in other countries investigating organised crime groups who were using the encrypted phones.
The Court of Justice of the European Union is expected to take up to a year and a half to respond to the French supreme court.
Tech
ICE and CBP’s Face-Recognition App Can’t Actually Verify Who People Are
The face-recognition app Mobile Fortify, now used by United States immigration agents in towns and cities across the US, is not designed to reliably identify people in the streets and was deployed without the scrutiny that has historically governed the rollout of technologies that impact people’s privacy, according to records reviewed by WIRED.
The Department of Homeland Security launched Mobile Fortify in the spring of 2025 to “determine or verify” the identities of individuals stopped or detained by DHS officers during federal operations, records show. DHS explicitly linked the rollout to an executive order, signed by President Donald Trump on his first day in office, which called for a “total and efficient” crackdown on undocumented immigrants through the use of expedited removals, expanded detention, and funding pressure on states, among other tactics.
Despite DHS repeatedly framing Mobile Fortify as a tool for identifying people through facial recognition, however, the app does not actually “verify” the identities of people stopped by federal immigration agents—a well-known limitation of the technology and a function of how Mobile Fortify is designed and used.
“Every manufacturer of this technology, every police department with a policy makes very clear that face recognition technology is not capable of providing a positive identification, that it makes mistakes, and that it’s only for generating leads,” says Nathan Wessler, deputy director of the American Civil Liberties Union’s Speech, Privacy, and Technology Project.
Records reviewed by WIRED also show that DHS’s hasty approval of Fortify last May was enabled by dismantling centralized privacy reviews and quietly removing department-wide limits on facial recognition—changes overseen by a former Heritage Foundation lawyer and Project 2025 contributor, who now serves in a senior DHS privacy role.
DHS—which has declined to detail the methods and tools that agents are using, despite repeated calls from oversight officials and nonprofit privacy watchdogs—has used Mobile Fortify to scan the faces not only of “targeted individuals,” but also people later confirmed to be US citizens and others who were observing or protesting enforcement activity.
Reporting has documented federal agents telling citizens they were being recorded with facial recognition and that their faces would be added to a database without consent. Other accounts describe agents treating accent, perceived ethnicity, or skin color as a basis to escalate encounters—then using face scanning as the next step once a stop is underway. Together, the cases illustrate a broader shift in DHS enforcement toward low-level street encounters followed by biometric capture like face scans, with limited transparency around the tool’s operation and use.
Fortify’s technology mobilizes facial capture hundreds of miles from the US border, allowing DHS to generate nonconsensual face prints of people who, “it is conceivable,” DHS’s Privacy Office says, are “US citizens or lawful permanent residents.” As with the circumstances surrounding its deployment to agents with Customs and Border Protection and Immigration and Customs Enforcement, Fortify’s functionality is visible mainly today through court filings and sworn agent testimony.
In a federal lawsuit this month, attorneys for the State of Illinois and the City of Chicago said the app had been used “in the field over 100,000 times” since launch.
In Oregon testimony last year, an agent said two photos of a woman in custody taken with his face-recognition app produced different identities. The woman was handcuffed and looking downward, the agent said, prompting him to physically reposition her to obtain the first image. The movement, he testified, caused her to yelp in pain. The app returned a name and photo of a woman named Maria; a match that the agent rated “a maybe.”
Agents called out the name, “Maria, Maria,” to gauge her reaction. When she failed to respond, they took another photo. The agent testified the second result was “possible,” but added, “I don’t know.” Asked what supported probable cause, the agent cited the woman speaking Spanish, her presence with others who appeared to be noncitizens, and a “possible match” via facial recognition. The agent testified that the app did not indicate how confident the system was in a match. “It’s just an image, your honor. You have to look at the eyes and the nose and the mouth and the lips.”
Tech
Some of Our Favorite Valentine’s Day Gifts Are on Sale
Love is in the air, and the WIRED Reviews team has been hard at work finding all sorts of Valentine’s Day deals. From sexy gifts for lovers to date night boxes to sex toys, we’ve got plenty of hand-tested recommendations, and many of them are on sale right now. If you’re still shopping for a gift, you can get yourself or your lover(s) something we recommend at a discount. Just keep in mind that you’ll want to shop sooner than later if you need the items to arrive before February 14.
Be sure to check out our related buying guides, including the Best Valentine’s Day Gifts and the Best Chocolate Delivery Boxes.
The Adventure Challenge Couples Edition for $38 ($7 off)
This is one of our favorite date night boxes, and it also makes an excellent Valentine’s Day gift. Clip the coupon on the Amazon page to get it for $30. It has 50 different scratch-off date ideas. There are symbols indicating the budget needed, whether you’ll need a babysitter, how much time it takes, and other date parameters, but the specific date itself is hidden until you reveal it like a scratch-off lottery ticket. If you’re running low on date ideas or just want some fun (and sometimes cheesy) spontaneity, this book is worth checking out—especially on sale.
We-Vibe Sync 2 for $135 ($34 off)
This is an excellent sex toy for long-distance couples, but you don’t have to be far apart geographically in order to enjoy it with your partner. The Sync 2 can be worn by someone with a vulva, either solo or during penetrative sex, and someone else controls the device using the remote control. It’s quiet and powerful, and its dual stimulation makes it approachable and fun for experienced couples as well as those who are new to using sex toys together.
Tech
The Moto Watch Looks and Feels Like a Polar Fitness Tracker—but More Fun
However, rendered here in Motorola’s Watch app, everything looks fun and easy! Motorola (and Polar, I guess) uses Apple’s “close your rings” approach, with active minutes, steps, and calories. I particularly like that you can now use Polar’s sleep tracking with a cheaper Android watch. Polar takes into account sleep time, solidity (whether or not your sleep was interrupted), and regeneration to give you a Nightly Recharge Status.
You can still click through and see your ANS, but there’s a lot more context surrounding it. Also, the graphs are prettier. I compared the sleep, heart rate, and stress measurements to my Oura Ring 4, and I found no big discrepancies. The Moto Watch tended to be a little bit more generous in my sleep and activity measurements (7 hours and 21 minutes of sleep instead of 7 hours and 13 minutes, or 3,807 steps as compared to 3,209), but that’s usual for lower-end fitness trackers that have fewer and less-sensitive sensors.
On that note, I do have one major hardware gripe. Onboard GPS is meant to make it easier to just run out the door and start your watch. I didn’t find this to be the case. Whatever processor is in the watch (Motorola has conveniently chosen not to reveal this), it’s just really slow to connect to satellites and iffy whenever it does. This isn’t a huge deal when I’m just walking my dog or lifting weights in my living room, but it constantly cuts out when I’m outside and doesn’t have the ability to fill in the blanks, as another, more expensive fitness tracker would do.
It’s just really annoying to constantly get pinged about satellite loss and to have a quarter-mile or a half-mile cut out of your runs. That’s how I know the speaker works—it was constantly telling me it lost satellite connection during activities.
Finally, the screen and buttons are really sensitive. It does give you an option to lock the screen, but even then, I found myself accidentally unlocking it from time to time and turning the recording off when I didn’t mean to.
As I write this, I have seven different smartwatches from different brands sitting on my desk. If you’re looking for a cheap, attractive, and effective Android-compatible smartwatch, I would say that the CMF Watch 3 Pro is your best choice. However, I do think the integration with Polar was well done, and the price point is not that bad. I’m definitely keeping an eye out for what Motorola might have to offer in the future.
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