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Bavarian Police Can Legally Place Trojans On PCs

Posted by kdawson on from the trust-us-we-would-never-abuse-this-power dept.

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."

8 of 256 comments (clear)

  1. Yes, by Daimanta · · Score: 5, Funny

    but does the trojan run on linux?

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    Knowledge is power. Knowledge shared is power lost.
    1. Re:Yes, by MacDork · · Score: 5, Insightful

      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.

    2. Re:Yes, by Anonymous Coward · · Score: 5, Insightful

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

    3. Re:Yes, by umghhh · · Score: 5, Informative

      The original post has few problems

      1. the link does not work - I suppose it was meant to be this:
      http://www.heise.de/newsticker/Bundesrat-will-heimliche-Online-Durchsuchungen-auf-Terrorabwehr-beschraenken--/meldung/110466

      2. this article says that Bavaria did NOT managed to extend existing proposal on searching, eavesdropping etc, existing proposal is maybe not that nice but it was apparently less harmful politically than the Bavaria's extension.

      Besides similar laws (lows?) already exist although not really in such drastic form. OTOH secret services do what it wants anyway - Germans violated its own and other countries' law to get account data of tax criminals. I believe there are countries where even suspicion that evidence was produced illegally or on information received illegally would nullify the whole proceeding. In Germany it apparently is not that important how you get your data as long as you can prosecute whoever you want. I guess each country has its quirks when it comes to powers that the state has.

    4. Re:Yes, by Anonymous Coward · · Score: 5, Funny

      Hey, at least they use trojans when they screw you.

  2. In German state of Bavaria by Anonymous Coward · · Score: 5, Funny

    Polizei in lederhosen kann deine computerhosen.

  3. Please by Orion+Blastar · · Score: 5, Informative

    Bill Clinton had Carnivor and Magic lantern for this sort of thing long before Bush was even in the White House, around 1995.

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

    Don't try and pretend that Bush was the first to do this sort of thing with the Patriot Act, all he did was use it to amend the Constitution.

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    1. Re:Please by scaryjohn · · Score: 5, Insightful

      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?

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