German Court Says Police Cannot Put Spyware On Someone's Computer

from the the-new-digital-laws dept

Mon, Feb 5th 2007 8:09pm — Mike Masnick

As various legal systems grapple with new, technology-related issue, it appears that a German court has come down firmly against the idea of allowing police to use remote spying techniques to record what a suspect does on his or her computer. The government had been hoping to use trojan horse programs to spy on some suspected terrorists, but the courts have noted that, unfortunately, doing so is against the law. Of course, law enforcement officials aren't thrilled about that and are now planning to push the government to change the law in their favor -- so it's not like this is over yet.

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security, 5 Feb 2007 @ 8:24pm

The Reasoning
http://www.pcadvisor.co.uk/news/index.cfm?newsid=8301

Here is another news article that offers somewhat more detail behind their reasoning
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- MATTHEW LIX, 7 Feb 2007 @ 6:32am
  
  Re: The Reasoning
  I believe that this is definitely a violation of law and the government or police would be violating this law. when they do so it is a violation of due process. but this is what governments and police do anyways. this is not a first.
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ScytheNoire, 6 Feb 2007 @ 1:44am

But until they start prosecuting these companies, including the likes of the RIAA and MPAA, then what difference will it make? A law isn't very good if it doesn't get inforced.

Now start hitting companies that violate users rights, and then you'll be getting some where. Just start putting a few executives in prison, and the public will start feeling like the law matters.
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qkslvrwolf, 7 Feb 2007 @ 1:56pm

even with a warrent?
If they've got a warrent, I fail to see how this is significantly different from any other warrented observation.

Now, warrentless is another matter entirely.
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