Procedures according to §§ 100 of the Code of Criminal Procedure (StPO) to determine the whereabouts and identification of mobile phones in Germany
In addition to telecommunications surveillance (§ 100a StPO) and online searches (§ 100b StPO), German police authorities use technical means within the framework of §§ 100 StPO to determine the location of mobile phones. These include the so-called „silent SMS“, IMSI-Catcher and cell site analysis. Customs and the secret services are also partially authorised to perform these tasks. Six-monthly parliamentary inquiries in the Bundestag document that the number of measures for federal authorities has remained at about the same level in recent years. According to the figures of individual states, the investigative methods under Sections 100 of the Code of Criminal Procedure are in some cases used much more frequently there than by federal authorities. Some measures for the localisation of telephone owners are in a grey area and have led to legal adjustments. A ruling by the Federal Court of Justice last year could be the reason why the figures for „silent SMS“ have suddenly fallen sharply. Some federal states are currently merging into „Joint Competence and Service Centres“ in the field of police telecommunications surveillance (GKDZ), which are being set up in Hamburg and Leipzig/Dresden. It is possible that with these centralised GKDZs, the number of measures for telecommunications surveillance within the framework of §§ 100 StPO will increase further. „The tracking bug in your pocket: Mobile phone surveillance in Germany“ weiterlesen
5G telephony makes communication more secure. Connections, subscriber and device identifiers are partly encrypted, also conventional IMSI catchers become useless. Providers could therefore be forced to install new surveillance technology.
With Multi-Access Edge Computing (MEC), the fifth mobile phone generation (5G) decomposes the transmission of telephone calls into individual stages and and encrypts them. Telecommunications providers no longer process the traffic centrally, but via various network edges. The metadata and content is only decrypted at these decentralized nodes.
That means that with 5G telephony, communication becomes much more secure. This poses a problem for police forces and secret services. „Surveillance of 5G: Governments plan to change laws“ weiterlesen
European police should access computers and telephones with Trojan programs. Europol is now building up a „decryption platform“ in The Hague.
The European Union wants to support the Member States in intercepting telecommunications. Investigators should be able to penetrate private computers or mobile phones to install software to read encrypted messages. This was confirmed by the German Federal Ministry of the Interior (MOI) in response to a question by a Left Party Member of Parliament. The focus is on the police agency Europol, which has been commissioned to set up a „decryption platform“. „Europol to coordinate hacking authorities in Member States“ weiterlesen
The European Union intends to simplify investigative authorities’ access to encrypted content. This emerged from the replies to a questionnaire that was circulated to all Member States by the Slovak Presidency of the EU Council. After a “reflection process”, efforts in this area are, according to the summary of the replies, intended to give rise to a framework for cooperation with Internet providers. It remains unclear whether this will take the form ofa recommendation, regulation or directive.
The replies to the questionnaire are now being examined by the Friends of the Presidency Group on Cyber Issues (FoP Cyber), which also held discussions on “increasing tendencies to exploit encrypted communication in order to hide criminal activities, identities and crime scenes”. Those taking part included the European External Action Service, the European Defence Agency and other EU institutions. FoP Cyber’s recommendations will then be addressed at the meeting of the next Justice and Home Affairs Council in Brussels. „New EU network of judicial authorities to combat the “challenges stemming from encryption”“ weiterlesen