The Federal Constitutional Court has ruled that the domestic secret service violates the principle of separation. The legislature should therefore amend the law
The German Federal Office for the Protection of the Constitution (Bundesamt für Verfassungsschutz) is no longer allowed to pass on secretly collected data on individuals to police authorities as it pleases. This is stated in the written version of the judgement of 28 September, which was published today on the website of the Federal Constitutional Court (Ref. 1 BvR 2354/13).
According to the ruling, the practice violates the principle of separation between the secret services and the police, which is considered a German legal principle after the experiences with the Gestapo under National Socialism. „German secret service law does not have to go into the shredder“ weiterlesen
With the temporary exception of the Federal Police, all German police agencies and secret services are now allowed to hack into computers and telephones. This is an extremely deep invasion of privacy
On 10 June, the Bundestag massively expanded the use of state trojan horse programmes. A bill on the „adaptation of the law on the protection of the constitution“ was put to the vote, which the MPs adopted with 355 votes of the ruling coalition factions CDU/CSU and SPD. According to the bill, the domestic intelligence service will now also be allowed to penetrate foreign computer systems with the help of spy software. The parliamentary groups DIE LINKE, FDP, Bündnis90/Die Grünen and AfD voted against; the SPD voted five against and three abstained.
The bill „to modernise the legal basis of the Federal Police“ was also passed by the CDU/CSU and SPD against the votes of the opposition. This would have allowed the Federal Police to infiltrate computers and mobile phones, just like the Office for the Protection of the Constitution, without the persons concerned having to have committed a crime. A week ago, the upper house (Bundesrat) overturned this new law for various reasons, so the next federal government will have to deal with it again. The renewed Constitutional Protection Act, on the other hand, remains valid. „Germany: The state hacks along“ weiterlesen
In Greek mythology, the horse outside the city of Troy was a wooden gift in whose hull some of the hostile Achaeans had hidden. Unsuspecting inhabitants, certain of victory over the invaders, pulled it in, the Achaeans climbed out at night and opened the gates for trailing troops, who then captured and destroyed Troy.
Today’s so called state trojan does not disguise itself as a gift and is active even when the enemy is awake. Nevertheless, the reference to the myth fits, because the wooden horses used by criminal investigation agencies may be installed „by means of criminalistic cunning“. First, the investigators find out how the software can best be installed: As a clandestine installation via websites that appear unsuspecting, in downloaded files or an attachment sent by e-mail. It is also possible to introduce the tool by breaking into the device, for example during a secret search of a flat or a police check. „Spotlight on: State Trojans“ weiterlesen