Anti-terror cyberspying focus of German court case

10 Oct 2007 16:28:33 GMT

Source: Reuters



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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