In order to monitor encrypted communication, investigators will in future, according to the Senate draft and the Änderungen der Abgeordneten, not only be allowed to hack IT systems but also to secretly enter suspects’ apartments.
If remote installation of the spyware is technically not possible, paragraph 26 explicitly allows investigators to “secretly enter and search premises” in order to gain access to IT systems. In fact, Berlin is thus legalizing – as Mecklenburg-Western Pomerania did before – state intrusion into private apartments in order to physically install Trojans, for example via USB stick.
The same way that Patriot Act activity was required to get court orders and be specific instances with no bulk surveillance?
FISA warrants became rubber stamps and with no penalties from violations, it became “legal” authoritarian police state bullshit.
No. Patriot act had provisions to make it basically impossible to go through the regular law system. This is not the case here - the whole stuff needs to be approved by a judge and they usually handle these things fairly restricted due the high constitutional burden. Additionally you need to be involved in a pretty specific subset of crimes to be even a possible target.
This is explicitly not the case and unlike the US the evidence obtained illegally can basically never been used with a red-hering, etc.
And there are provisions in the law that actually make the cops already be angry about it, make DAs cry and defending lawyers happy: They must prove that there is no other,less invasive, way to achieve the control of the possible danger - and that can be fairly hard and they risk of the evidence not being admissible in court and their own legal consequences for it. Additionally the approval is time limited, etc. Don’t get me wrong,I am not happy about it either, but it’s a necessary evil,imho - it’s the modern way of a phone tap, which has been a measure used by the cops since 1920ies and it’s sadly one of the few ways to fight organised crime. And it’s the far better alternative to what a lot of other countries want to use and currently push: Backdoor in all messengers.
The true issue with that law is NOT that. The AI bullshit, numberplate recognition, population data use,etc. are the actual issues.
I don’t really count special surveillance courts with closed door sessions and secret rulings as Judicial oversight - that shit is a theater of justice meant to disguise authoritarianism as Democracy, not real Justice with all the requirements of it.
So, does this one have real Judicial oversight or is it something that operates without court oversight or under the “oversight” of special courts setup for the purpose of whitewashing bulk surveillance that don’t actually operate like real ones?