As was confirmed the Germany radio of Federal and Federal Interior Ministry, the investigative tool as Bundestrojaner become known is nearing necessary released for use. Already this week, it might be applicable. The program is now provided by the Bundeskriminalamt for use is a proprietary development, which was originally available in the autumn of 2015. As. The software is to be used exclusively for the so-called source telecommunication surveillance. The taking place via computer or smartphone digital communications of a suspect on the Internet is to be made available to investigators.
Constitutional Court put limits
The Federal Constitutional Court had in February 2008 on the arrangements in North Rhine- decided Westphalia Constitution protection Act on online searches and this annulled. The projects translated the judges doing for the future borders: only outstanding important legal interests could a secret remotely be possible on computers by the authorities. These included the risk to life and limb or offenses against the existence of the state. But even here, must, as the judges, present certain facts for the suspect and a judge must approve the use. There was, so the Constitutional Court judges in further development of the already known basic rights, including the fundamental right to confidentiality and integrity of information technology systems.
review by the Chaos Computer Club
The legal hurdles for a pure monitoring of from the terminal held telecommunications software by the judges defined as but lower than that for access to the entire computer and its contents. Exactly this task is to fulfill the now newly developed Federal Trojan which now faces the operating license. Investigating authorities argue that this is the only way to can monitor and -Hear before encrypting communications. That the software may be purely limited to communications, but experts consider hardly possible. “The principal distinction between a Trojan that only intended Dredge communication and one that is generally suitable for example for room monitoring is not to meet,” says Frank Rieger, spokesman for the Chaos Computer Club the Germany radio.
“At the end is a trojan which, say, Skype should listen, a surveillance trojan that only concerns just happens when Skype is running. Technically there is not much difference.” Rieger had analyzed with other hackers in 2011, a Trojan horse, the took advantage of a Bavarian police. These disks were evaluated a suspect who so its lawyers available. The analysis revealed that the software could not withstand the requirements of the Federal Constitutional Court. The software allowed for a substantial access to the systems of the suspects, although officials professed to have these operations exclusively telecommunications surveillance purposes. The judges of 2008 had, however, called also technical limitations in the capabilities of the software. CCC spokesman Frank Rieger-considers this imperative: “You look at the people quasi while thinking about when is reading your keyboard.” He did not think that the BKA could meet these hurdles now fully
Green:. State may not exploit vulnerabilities
“We have to understand the needs of the security agencies, anyway: in a constitutional state just not the end justifies the means, “said Konstantin von Notz, deputy chairman of the parliamentary group alliance 90 / the Greens against the Germany radio. He also considers that the procedure to infect by exploiting vulnerabilities the computers of suspects with the software, legally and technically problematic. “The state has the task to close these vulnerabilities immediately.” It can not be that “the state exploits vulnerabilities for its own interests, rather than 99, Period 9 percent of citizens to protect,” said von Notz. The normal range of the Bavarian police Trojans, the hackers analyzed by the Chaos Computer Club in 2011, was added after the release of the virus detection lists all popular antivirus programs
CCC. A market of Intelligence and Criminal
For CCC spokesman Frank Rieger-still more fundamental problems are added. So it is often difficult to identify the target device clearly characterized the wrong equipment could be attacked. And the fact that currently used vulnerabilities would later closed and then another would have to be used, the state could be forced to buy the knowledge to new and still unknown vulnerabilities, so that his own development is not useless. Rieger is concerned that police authorities by one-boards in a market where otherwise secret services and criminals roamed.
cooperation with controversial Software Company
The Federal had parallel to the self-development even in a controversial company a software purchases to source telecommunication surveillance. According to the BKA, the adaptation of the product is FinFisher the German-British company Elaman / Gamma International is not yet complete, however, is to be promoted following the own development. Canadian researchers have identified in repressive regimes such as Saudi Arabia, Bahrain, Ethiopia and Turkmenistan in recent years control installations of software. Because of this use of their products in unjust regimes stand Gamma repeatedly publicly criticized
During the year 2016, the Federal Constitutional Court will announce its ruling in the case of the BKA Act of 2008 -. There was controversy in the process, among other things clauses 20k and 20l of the BKA law, intended to regulate the online surveillance and source telecommunication surveillance. The President of the Federal Holger Münch was the Germany radio last week not available for comment available.
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