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French court ruling may lead to legal challenges over state Sky ECC and EncroChat phone hack | Computer Weekly

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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.



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Loyalty Is Dead in Silicon Valley

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Loyalty Is Dead in Silicon Valley


Since the middle of last year, there have been at least three major AI “acqui-hires” in Silicon Valley. Meta invested more than $14 billion in Scale AI and brought on its CEO, Alexandr Wang; Google spent a cool $2.4 billion to license Windsurf’s technology and fold its cofounders and research teams into DeepMind; and Nvidia wagered $20 billion on Groq’s inference technology and hired its CEO and other staffers.

The frontier AI labs, meanwhile, have been playing a high stakes and seemingly never-ending game of talent musical chairs. The latest reshuffle began three weeks ago, when OpenAI announced it was rehiring several researchers who had departed less than two years earlier to join Mira Murati’s startup, Thinking Machines. At the same time, Anthropic, which was itself founded by former OpenAI staffers, has been poaching talent from the ChatGPT maker. OpenAI, in turn, just hired a former Anthropic safety researcher to be its “head of preparedness.”

The hiring churn happening in Silicon Valley represents the “great unbundling” of the tech startup, as Dave Munichiello, an investor at GV, put it. In earlier eras, tech founders and their first employees often stayed onboard until either the lights went out or there was a major liquidity event. But in today’s market, where generative AI startups are growing rapidly, equipped with plenty of capital, and prized especially for the strength of their research talent, “you invest in a startup knowing it could be broken up,” Munichiello told me.

Early founders and researchers at the buzziest AI startups are bouncing around to different companies for a range of reasons. A big incentive for many, of course, is money. Last year Meta was reportedly offering top AI researchers compensation packages in the tens or hundreds of millions of dollars, offering them not just access to cutting-edge computing resources but also … generational wealth.

But it’s not all about getting rich. Broader cultural shifts that rocked the tech industry in recent years have made some workers worried about committing to one company or institution for too long, says Sayash Kapoor, a computer science researcher at Princeton University and a senior fellow at Mozilla. Employers used to safely assume that workers would stay at least until the four-year mark when their stock options were typically scheduled to vest. In the high-minded era of the 2000s and 2010s, plenty of early cofounders and employees also sincerely believed in the stated missions of their companies and wanted to be there to help achieve them.

Now, Kapoor says, “people understand the limitations of the institutions they’re working in, and founders are more pragmatic.” The founders of Windsurf, for example, may have calculated their impact could be larger at a place like Google that has lots of resources, Kapoor says. He adds that a similar shift is happening within academia. Over the past five years, Kapoor says, he’s seen more PhD researchers leave their computer-science doctoral programs to take jobs in industry. There are higher opportunity costs associated with staying in one place at a time when AI innovation is rapidly accelerating, he says.

Investors, wary of becoming collateral damage in the AI talent wars, are taking steps to protect themselves. Max Gazor, the founder of Striker Venture Partners, says his team is vetting founding teams “for chemistry and cohesion more than ever.” Gazor says it’s also increasingly common for deals to include “protective provisions that require board consent for material IP licensing or similar scenarios.”

Gazor notes that some of the biggest acqui-hire deals that have happened recently involved startups founded long before the current generative AI boom. Scale AI, for example, was founded in 2016, a time when the kind of deal Wang negotiated with Meta would have been unfathomable to many. Now, however, these potential outcomes might be considered in early term sheets and “constructively managed,” Gazor explains.



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ICE and CBP’s Face-Recognition App Can’t Actually Verify Who People Are

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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.”



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Some of Our Favorite Valentine’s Day Gifts Are on Sale

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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)

The Adventure Challenge

Couples Edition

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.

The Adventure Challenge

… In Bed

These scratch-off ideas are designed to help you and your partner rekindle intimacy (or try something new in the bedroom).

The Adventure Challenge

Date Night

Get out of the house with these scratch-off guided dates that can help you discover new local spots (or just break out of the normal routine).

We-Vibe Sync 2 for $135 ($34 off)

Image may contain: Electronics, Mobile Phone, Phone, Computer Hardware, Hardware, and Mouse

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.



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