Style Federal government allows the use of state trojans for all secret services
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The intelligence services are supposed to clear up "serious threats to the democratic constitutional state and the free democratic basic order". The means of education also include monitoring messengers such as WhatsApp.
The new constitutional protection law passed today by the federal government allows all German secret services to use so-called state Trojans. The aim is that "serious threats to the democratic constitutional state and the free democratic basic order" are cleared up more quickly. The Bundestag still has to approve the law.
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Officially it says: “The draft law regulates the possibilities for the source telecommunications monitoring (source TKÜ). This is particularly important for monitoring digital and encrypted communication, which often takes place via messenger services. The source TKÜ starts in the end device before the messages are technically encrypted or when they are decrypted again. The regulation of the sources TKÜ does not expand the legal possibilities of telecommunication surveillance, but ensures that the perpetrators can no longer evade the investigation by choosing the means of communication.
The draft law provides for adjustments to the law of the intelligence services to clear up serious threats to the democratic constitutional state and the free democratic basic order. At the same time, the prerequisites for improved and expanded control of TKÜ measures are being created by the G10 Commission. In order to improve the fight against right-wing extremism, an expanded monitoring of individuals is also planned. In addition, the information link between the Office for the Protection of the Constitution and the MAD will be improved. ”
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Numerous criticisms of the new law
In addition to critical contributions from numerous opposition politicians and network activists, the Association of the Internet Industry, eco, protested the new law. The main focus here is on the obligation of Internet providers and telecommunications companies to cooperate with the Federal Intelligence Service and the constitutional protection authorities: Companies should in future, by order of the authorities, set up a diversion in order to forward "suspicious" data packets to the authorities, which they then only later send to the actual recipient.
Video: Secret services should be allowed to read WhatsApp & Co. (dpa)
The Association of the Internet Industry is critical of this expansion of the cooperation and cooperation obligations, especially with regard to data protection and IT security requirements on the Internet. In practice, this would not only result in disproportionate cuts in their business models for companies, there would also be a risk of substantial losses in the confidentiality and integrity of digital communication.
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says eco board member Klaus Landefeld: “We position ourselves clearly against anti-constitutional efforts and reject any form of extremism. But the now planned constitutional protection law has the potential to thwart trust in the security and integrity of digital communication. With all due understanding for the tasks and concerns of the German intelligence services: This law will endanger IT security on the Internet, if not even lead to a loss of confidence and a clear step backwards for all digitization processes in society and the economy! ”
This applies in particular if the state uses so-called zero-day exploits to deploy the state Trojans, according to the association: “The exploitation of such security gaps means a great risk, both for companies and for citizens. It must not become common practice in intelligence work. The users are confronted by the extended cooperation and cooperation obligations of the providers with considerable losses of the confidentiality and integrity of their digital communication! " also known as "Quellen-TKÜ Plus", an online search of the affected devices with access to the stored data of the users. Because all technically necessary modules and methods for comprehensive data access would already be installed on the affected devices. The only rule of law is a prohibition on the use of found data that is older than the date of the order: “This is extremely inadequate in terms of both the rule of law and the constitution. Regrettably, the courts will once again have to decide whether this change in the law, in which fundamental rights are extremely restricted, a source TKÜ anchored and the search of stored data via state trojans is to be introduced, is at all constitutional, ”said Landefeld.
In addition, the Association of the Internet Industry emphasizes that the upcoming expansion of the definition of telecommunications services to include messenger services within the meaning of the upcoming TKG amendment represents an additional source of uncertainty. Here, too, eco points out that the intended measures run the risk of bypassing the application and rather lead to competitive disadvantages for the providers. Legal security is of fundamental importance for the providers concerned.WEBINAR
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