Bavarian Police Can Legally Place Trojans On PCs

An anonymous reader writes "The Bavarian Parliament passed a law that allows Bavarian police to place 'Remote Forensic Software' (Google translation) on a suspect's computer as well as on the computers of a suspect's contacts. They may break into houses in secret to install the RFS if a remote installation is not possible; and while they are there a (physical) search is permitted too. The RFS may be used to read, delete, and alter data." The translation says that RFSs may be used in cases of an "urgent threat to the existence or the security of the Federation or a country or physical, life or liberty of a person... Even where there is a reasonable assumptions on concrete preparatory acts for such serious offenses."

Comments

Re:Yes,

[MacDork]

I think the bigger threat here is that they can break into your house without your knowledge and search it in secret. I guess the Gestapo taught them nothing.

Re:Yes,

[Anonymous Coward]

Yeah, cause it's nothing like the PATRIOT act in the US

Forensic?

[gruntled]

Um, "forensic" software is typically designed to *prevent* the alteration of data. Otherwise you can't reliably go into court and prove that you haven't planted the evidence. Last I heard, Germany still embraced the concept of due process...

Not sure whether this is a crazy law passed by some locals that will be struck down by German courts, a bad write up, or a bad translation...

Re:Forensic?

[satmd]

Yes, the translation is mostly correct, but is missing few details: The Verfassungsgericht (highest judicial institution over here) stated that this kind of investigation is illegal and put very high barriers on it... for the whole of Germany. AND they put up a new consitutional right on "digital privacy". The barrier is that high that it should be near to impossible to implement the trojan in a way to stay within law. Now the Bavarians thought they know better and updated their local laws and declared them to be "in accordance" with the new barriers (which they most likely are not and thus are going to get that struck down again). Also... they are NOT allowed to physically enter the house/rooms/flat/... in order to install the trojan. They have to deploy it remotely by dialup or internet. If that was allowed they could secretly search through your other belongings, which is explicitely forbidden to happen with the owner not being around. People have the right to witness a raid or execution of a search warrant. And yes, the risk of alteration is real, so the so-called evidence will probably be very weak and should not last very long in court. Yet, I fear that the "evidence" might be remembered and used to investigate into other activities. Police may use evidence from one case to prove another case. THIS is very dangerous.

Re:Please

[scaryjohn]

The Federal government has been violating due process and the US Constitution since FDR was in office.

Really? We didn't violate due process before FDR? I know you were trying to make a point, but what about Wilson? Lincoln? Jackson? Or Adams? How about Washington?