German ANOM investigations: The mysterious EU third state

The FBI had a crypto-messenger programmed that was fully intercepted. For legal reasons, the US authority received the intercepted communication via detours. Because of „hearsay court orders“, its use in German criminal proceedings is questionable.

Ever since the encrypted messenger service EncroChat was hacked by authorities from France and the Netherlands in March 2020, investigative proceedings have been piling up at law enforcement agencies across Europe. Millions of chat messages have been transmitted via Europol to the relevant authorities in EU member states for follow-up. Almost every day, therefore, there are new raids, arrests or convictions in Germany as well.

Although the hack was presumably carried out by a French secret service and involved mass surveillance without any reason, the German Federal Supreme Court – unlike some regional courts before it – recently allowed the use of EncroChat data as evidence in Germany in principle. This was because the information had been collected by France, i.e. an EU member state, and passed on within the framework of European mutual legal assistance. The countries participating in this set of rules were to be trusted in principle. „German ANOM investigations: The mysterious EU third state“ weiterlesen