Practical sheet | REF: FIC1838 V1

Discover a new monitoring practice: OSINT

Author: David COMMARMOND

Publication date: May 10, 2025 | Lire en français

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4. Adopting new reflexes

Google may be very popular, but it's not always our friend, especially not the webmaster's friend. In spite of its popularity, robots can index pages they shouldn't be indexing, and put the user at fault by displaying and downloading documents that shouldn't be. The case law of the Criminal Chamber of the French Supreme Court (Cour de cassation) ruled on this point in 2015. And it was because the company had recognized the failure of its IT security that no conviction was handed down.

The "Bluetouff" jurisprudence

No legal text defines OSINT in France. However, by a contrario reasoning, we can deduce from the forbidden what is authorized. Thus, OSINT methods and tools must comply with legislation on the use of open sources, legitimate access to data and respect for privacy.

This condemns :...

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