Anti-terror cyberspying focus of German court case
10 Oct 2007 16:28:33 GMT
Source: Reuters
http://mobile.alertnet.org/thenews/newsdesk/L10105095.htm

By Louis Charbonneau 

BERLIN, Oct 10 (Reuters) - The government urged Germany's top court on
Wednesday not to ban the security services from planting 'Trojan' spyware on
suspects' computers, calling it a vital tool in fighting terrorism. "Germany
is part of a global danger zone and can at any time become the target of
terrorist attacks," August Hanning, deputy interior minister and former head
of the foreign intelligence agency, told the Federal Constitutional Court in
Karlsruhe. 

So-called online searches -- remote inspections of computers using Internet
spyware -- were "urgently needed to ... ensure security today and in the
future", he said in the written text of a statement to the court. 

"The Internet has become the decisive medium," Hanning said. 

The controversial surveillance technique involves sending out emails that
plant so-called Trojan software on the suspect's computer and enable the
authorities to scan its hard drive. 

It has sparked a heated debate in Germany where experiences of the Nazi
Gestapo and East Germany's Stasi secret police have left a distrust of state
intrusion. 

Germany's independent privacy commissioner, Peter Schaar, told the court the
measure would be "a further alarming step towards ever more sweeping
surveillance". 

It would not only give the authorities access to documents, photos and
emails, but could be used to record every keystroke and even to activate
cameras, microphones or other equipment linked to the computer, he said. 

The court hearing is into the legality of cyberspying in the state of North
Rhine-Westphalia. Domestic intelligence officials began using it 10 months
ago, drawing complaints by several lawyers, a journalist and a former state
interior minister. 

The case in Karlsruhe could open or close the door to any future attempts by
Chancellor Angela Merkel's government to give authorities throughout Germany
the right to engage in Internet spying. The case could last months. 

Presiding judge Hans-Juergen Papier made it clear in his opening statement
he had serious doubts about cyberspying because it opened up fundamental
questions about the balance of freedom and security. 

Last month German police arrested three Muslim men they say planned car bomb
attacks around Germany and belonged to a militant Islamist group linked to
al Qaeda. 

Diplomats said Germany relied heavily on electronic intercepts provided to
it by the CIA to foil the plot. Because of Germany's own strict rules on
police and security methods, police could not have gathered sufficient
evidence to arrest the men without outside help, they said. 

The risks in banning cyberspying would outweigh any benefits, Hanning said.
He argued that militants' increasing reliance on the Internet meant
wire-tapping alone was no longer effective in preventing terrorism.
(Additional reporting by Diana Niedernhoefer in Karlsruhe) 

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