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Previous Politech message:
http://www.politechbot.com/2007/02/05/german-court-bans/

-------- Original Message --------
Subject: Re: [Politech] German court bans police from installing Trojan 
Horses remotely [priv]
Date: Mon, 5 Feb 2007 20:37:13 +0100
From: Eugen Leitl <eugen@leitl.org>
To: Declan McCullagh <declan@well.com>
References: <45C78079.3070802@well.com>

On Mon, Feb 05, 2007 at 11:07:37AM -0800, Declan McCullagh wrote:
> A few thoughts:
> 
> 1. This seems to preclude German police from doing a remote search 
> (which would have to include malware or some way of exploiting a 
> security hole on the target's computer) even with a court order.

For time being. The powers that be (CDU/CSU/SPD) stated they want
to make it legal by changing the law.

Given latest trends, they have excellent chances.

-- 
Eugen* Leitl <a href="http://leitl.org">leitl</a> http://leitl.org
______________________________________________________________
ICBM: 48.07100, 11.36820            http://www.ativel.com
8B29F6BE: 099D 78BA 2FD3 B014 B08A  7779 75B0 2443 8B29 F6BE



-------- Original Message --------
Subject: Re: [Politech] German court bans police from installing Trojan 
Horses remotely [priv]
Date: Mon, 5 Feb 2007 20:44:46 +0100
From: Twister (Bettina Winsemann) <twister@stop1984.com>
Organization: STOP1984
To: Declan McCullagh <declan@well.com>
References: <45C78079.3070802@well.com>

On Mon, 05 Feb 2007 11:07:37 -0800
Declan McCullagh <declan@well.com> sed:

 > A few thoughts:
 >
 > 1. This seems to preclude German police from doing a remote search
 > (which would have to include malware or some way of exploiting a
 > security hole on the target's computer) even with a court order.

No, this precludes German police from doing so ****without an adequate 
law****
Northrhine-Westfalia (county of Germany) where I live unfortunately has 
recently adopted a particular law where such remote or online searches 
are allowed. The BGH simply said:
a) this is different to a search in reality
b) you must have a law allowing the search
Northrhine-Westfalia has adopted this law so that in 
Northrhine-Westfalia such searches are legal.
I have taken legal action against this law which will be sent to the 
highest court in Germany (Bundesverfassungsgericht) in the next week.

But the BGH did not say "this is now allowed" - it just said "it is a 
method interfering with privacy differently to real life searches" and 
"not without a legal ground"
The legal ground was already adopted in Northrhine-Westfalia and shall 
be adopted in Germany in general.

More information? I shall be glad to give it but I think this should be 
enough.
The BGH did not judge about remote searches in general!

Twister

Posted by Declan McCullagh on Feb 05, 2007 in category privacy

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