top of page
  • Writer's pictureThe DigitalBank Vault

Trials of #Encrochat: Cyber crime officer says French legal challenges to EncroChat are ‘hype’


An officer at the French Gendarmerie’s cyber space command has claimed on social media that a decision by the French Supreme Court over the lawfulness of messages hacked by the police from an encrypted phone network has been “hyped” by defence lawyers.

Audibert, head of partnerships and co-operation at the French cyber crime unit, made the intervention after defence lawyers argued that a decision by the French Supreme Court had raised doubts about the validity of messages covertly harvested by police from EncroChat phones.

French cyber experts working in a joint investigation team with the Dutch were able to recover 120 million messages from more than 30,000 EncroChat phone users after infiltrating servers in Roubaix, France.

The novel interception operation in 2020 led to the arrests of suspected drug dealers and organised criminals in the UK, Sweden, Germany, France and other countries.

The French Supreme Court has sent a case to be reheard in October after finding that the Court of Appeal had not properly considered the failure of prosecutors and police to supply a certificate to authenticate EncroChat data used in evidence – a requirement of French law.

“We invite our colleagues across Europe to pursue their appeals and to argue that the evidence from EncroChat is illegal, since it is not accompanied by the required attestation of sincerity, as admitted today by the Court of Cassation,” the lawyers said in a statement.

Intervention on Twitter

In an unusual intervention, Audibert, who is writing a doctoral thesis on the collection of digital evidence, turned to Twitter to argue that the defence lawyers had misinterpreted the significance of the decision.

Audibert argued that the Supreme Court judgment on 11 October validated the technical operations used by the Gendarmerie to hack the EncroChat servers and that the court agreed that French law allowed investigators to re-route EncroChat text messages so that they could be harvested by the police.

But he disputed claims that a certificate of authentication is required under French law on the grounds that the messages were obtained through a “capture operation” using “trojan horse” software rather than by decrypting encrypted messages.

Under these conditions, French law does not require a certification of authentication, said Audibert. “Should you ask for a certificate for an operation that did not take place?” he wrote.

Audibert added that, legally, the Supreme Court had criticised the judges at the Court of Appeal in Nancy for not making a ruling on the absence of a certificate of authentication to verify the truthfulness of the EncroChat data used in evidence in the case.

But the court had made no finding on what the implications for the missing certificate would be.

“To sum up in one sentence, there is a document missing in the procedure that you just have to ask the person to deliver,” Audibert wrote.

The decision is a long way from the “evidence is illegal hype” promoted by defence lawyers, he said, and is “purely a procedural ruling dealing with a problem that can be resolved very easily”.

But defence lawyers argue that Audibert is wrong, and that in fact court judgments have confirmed that French law does require a certificate of authenticity for evidence acquired in “data capture” operations for evidence to be legally valid.

Binsard wrote: “We do not share your analysis. The certificate is a substantial procedural guarantee and its absence constitutes a violation [of the criminal code].”

French police and prosecutors refused to disclose how the joint Dutch and French operation to hack EncroChat was undertaken – citing national defence secrecy.

The disputed case is due to be reheard by the Court of Appeal in Metz, north-east France, which will decide whether the procedural guarantees required to withhold information about the hacking operation have been followed.


Offline “ Air Gapped” Super Encryption Mobile Machines.

Ultra Encrypted Text Messaging with No Cellular or Internet Connection. No Servers.

Encryption Keys generated offline by the user , never exchanged with third parties and erased permanently after each session.

More Secure than a Face To Face Meeting.

More details?

Consult with our

Cyber Defense Experts at :


Offline “ Air Gapped” Super Encryption Mobile Machines.


Offline “ Air Gapped” Super Encryption Mobile Machines.

Full technical details:

ENCRYGMA Mobile Encryption Machine Specs
Download PDF • 1.76MB

Cyber War Grade, Mathematically UnCrackable, Quantum Safe, Air Gapped (Offline) Encryption Machines More details ? Click here: .

“ If you need to communicate top classified information or you need to store secret data and be absolutely sure that no state-sponsored hackers, no foreign Governments , no intelligence agencies will be ever able to decipher the files, you need an Above Military Level Offline SuperEncryption System” 


Rule number 1 ☝🏼:

EncroChat evidences has been collected from the storage on the devices seized . A real military grade encryption device can’t be ever accessed by any digital forensic tools such as Cellebrite.

Rule number 2 :

Never 👎 use encryption services that are server based . Servers can be hacked easily and all data passing through them can be intercept. Servers also store the messages so that also this cloud based storage can be accessed and used as evidence.

Rule number 3:

Never , ⛔️ ever trust their party encryption services. The moment you trust a third party for generating your encryption keys, manage and store them for you , it’s game over . It’s like giving the keys of your bank vault to a total stranger .

Rule number 4 :

Stop 🛑 trusting cheap online encrypted phone suppliers! ⚠️ The garbage online are fake encrypted phones based on a $ 50 USD cheap Android cellphone bought in China and installed with a very low level security end to end encrypted messaging app.

Work like a pro, like intelligence agencies do ! Stop being scammed by online marketers selling you security illusions .

Need absolute privacy? Consult with our cyber defense advisors at info@DigitalBank.Capital or visit

Cyber War Ultra Encrypted Communications.

This is an encrypted text message, that has been encrypted with an OTP cipher (quantum safe encryption- mathematically unbreakable) , on a DBV “ Air Gapped “ Offline SuperEncryption Machine. The Encrypted message is then exported from the offline device by visual means( no connections , not even physical) by scanning the QR code with an online device for then sending it safely online.

The QR code at is arrival, is scanned by the second DBV offline encryption machine , directly from the receiving online device. Afterwards , it’s deciphered safely offline. This form of super encrypted offline communications is safer than a face to face meeting .

More details? Consult with our cyber defense advisors at or visit

26 views0 comments


bottom of page