The police should be allowed to test their extended powers to monitor telecommunications over longer periods of time, including the use of state Trojans in the fight against residential burglaries. Last week, the federal government introduced a “formulation assistance” presented by the Justice Ministry to the government factions in the Bundestag, which the parliament should adopt with its votes in time for a draft law for greater protection for law enforcement officers. And rescue workers.
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E-Government: Administrative Digitization as a Basis of Trust in DemocracyIn 2019, the Bundestag for the first time introduced a provision in the Code of Criminal Procedure (STPO), according to which telecommunications surveillance (TKU) can be ordered in the case of a burglary in a permanently used private apartment. MPs have already enriched it Detailed list of offenses under Section 100A STPO About this fact. Since 2017, the police have been able to carry out a source TKÜ based on this list in many other cases, including everyday crimes. Its purpose is to use a state trojan to directly access ongoing communications on a suspect’s device before it is encrypted or after it is decrypted.
Since such a measure is a violation of fundamental rights, the legislature initially limited the right to search for thieves to five years. So it will expire – without any extension – on December 12th. Parliament also envisaged an evaluation after three years to assess the effectiveness of the clause.
Electricity has hardly been used yet
The Justice Department conducted this review. However, as the relevant period fell during the Corona pandemic, the Marco Buschmann (FDP) department is restricted. At that time, many people worked from home and incidents of home break-ins decreased. The Justice Ministry continues, “Therefore, the data collected were not representative.” Therefore, the draft initially proposes to extend the authority for another five years. Their efficiency should be re-examined.
The evaluation, which was limited to 2022, showed that relevant telecommunications surveillance “was ordered in only 0.08 to 3.07 percent of investigations conducted on suspicion of residential burglary,” The executive writes in justification of the amendment“On the other hand, following reports by law enforcement authorities in these cases, procedurally relevant results were often obtained that made it possible to solve the crime.”
Whereas the federal government has a Amendment in Explosives Act approvedIn the future, prosecutors will be able to use the state trojan as part of Source TKÜ, including in the ATM explosion case. In its coalition agreement, Traffic Light actually aimed to limit the use of surveillance software and generally put it on constitutionally objectionable grounds.
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Chair of the Conference of Ministers of Education and Cultural Affairs pushes for agreement on Digital Treaty 2.0
