One of the sources analyzed by the CCC for the government spy software
comes from Bavaria. In total there should be but at least two
independent sources of the CCC for the spy software.
Patrick Schladt, attorney of an affected person, which was monitored by
State Trojans, now shared with : "One of the CCC documented State
Trojans were found on the hard disk of my clients that I, in agreement
with the client to a publicly known representatives of the CCC have let
pass. This is the case here at the 'Screenshot trojan', which was
already in spring this year the subject of public discussion. " The
chain of evidence to the CCC Schladt be documented.
Copied the Trojans had a chance to control his client through customs at
the Munich airport has been explained further Schladt. "Even if the
measure itself was controlled by the Bavarian authorities, it is clear
to me beyond dispute that federal agencies - such as the Customs and the
Customs Criminal Office - in the course of assistance were involved This
is confirmed in my view, not least that the same software. from several
states came to the CCC. "
[Update: The case in which the state was used Trojans went far to
serious crime or terrorism. This affected the employees of a company,
said Schladt the year beginning to process around the use of the Trojan,
which has to do with the trade of pharmaceutical products, the fall in
Germany under the Narcotics Act (Betäubungsmittelgesetz), but in some
cases for export legally "mutate" to drugs.]
The Bavarian Justice Ministry had announced in June this year, that the
Trojan that is designed according to the Bavarian Police Act for the
surveillance of suspects, have already been used several times . The
so-called Trojan Bavaria was used demanch 2009-2010 a total of five
times in Augsburg, Nuremberg, Munich and Landshut. This crime should be
bound and professionally as fraud or drug trafficking in narcotics and
be educated.
The customs shall become the so-called Trojan TKÜ source (source
telecommunication surveillance) one to listen to voice over IP calls at
the station before their encryption or after decryption at the receiver.
As the Trojans at Munich Airport on the computer of the affected was
posted, so in addition to the LKA Bayern also the duty for the State
Trojans can be responsible. Already in 2008 it was called in a response
to the federal government is preparing a small request of the FDP
parliamentary group, the Customs to perform an action, "in which the
transmission of monitoring software on the terminal of the defendant and
the use of this software in ways a remote control "should be possible.
The CSU, the Bavarian state parliament was introduced in 2008 against
the bitter resistance of the opposition, the controversial online search
is the first German federal state. Accordingly, police and domestic
intelligence may for preventive defense against the dangers of computer
snoop on suspects. In the actual prosecution specifically planned or
already executed crime may, however prosecutors and detectives continue
to surreptitiously enter not into computers.
In July 2009, limited, the black-yellow coalition, the Bavarian state
parliament in online searches again: According to the police may not
secretly enter homes to install spyware. According to a report in the
Frankfurter Rundschau, the Bavarian Ministry of Justice of the Hessian
company DigiTask responsible for development of Bavaria Trojan: Internal
correspondence from the Bavarian Ministry of Justice show that was
started four years ago with the development and use of illegal
surveillance software was - and that the state had put the control of
the program of the Trojans in the hands of private companies.
The Bavarian law enforcement agencies had to deal with its spy software
can also plug in already legal defeats: A ruling by the Landgericht
Landshut, the Bavarian State Criminal Police Office (LKA) been
researching for months with a spying trojan the computer of a suspect
without a legal basis . This spy software is now one of the Trojans,
which is based on the analysis of state monitoring software by the CCC.
>From Lower Saxony said now that there is no one set LKA illegal spy
software for spying on computers. Although there exist a software for
monitoring the telecommunications of suspects, then-President Uwe LKA
Kolmey according to dpa. "We draw but only to communications data, no
screenshots, no disk access." The monitoring of Internet telephony takes
place only on a judicial decision, stressed the agency head. Since 2009,
the LCA software for Kolmeys information only in two cases was used.
The State Trojans analyzed by the CCC goes far beyond the Federal
Constitutional Court set limits. The use of the software is therefore a
blatant breach of law dar. example, the Federal Constitutional Court
determined in its ruling regarding the secret online searches that when
including the sources of the telecommunications interception technical
precautions must be taken to prevent more than listening VoIP calls are.
That's where the CCC examined Trojans not the case, he already offers
features that go beyond the monitoring. In addition, the Federal
Constitutional Court formulated the basic computer law (basic law on
confidentiality and integrity of information technology systems [16])
has been violated by the reload of the Trojan.
The Humanist Union meanwhile announced in , we will work with all
legally available means to ensure that the continued use of the State
Trojans will be set. In addition, we urge clarification about who is
responsible for programming and use of such software is unlawful. "This
bug must be stopped."
[Update, 10:10, 17:49. Meanwhile, the Bavarian Interior Ministry
confirmed that at least one of the CCC is leaked from the Bavarian State
Trojans prosecutors. The initial measurement of the Bavarian LKA had
concluded that "the CCC leaked software, an investigation of the
Bavarian police in 2009 can be assigned. Yet can not be confirmed
whether it is in the present file is a test version from the development
phase or the later in the process actually used version of the software
is. "
Bavarian Interior Minister Joachim Herrmann, said:. "Regardless of our
specialists, the tests will continue intensively I have also asked the
State Commissioner for Data Protection in Bavaria, Dr. Thomas Petri, the
appropriate technical implementing measures to source telecommunication
surveillance and compliance the legal requirements to consider carefully. "
Herrmann said that the interception was a source statutory measure for
law enforcement in the fight against serious crime. So far, the
interception of encrypted telecommunications is always done in a legal
context. Herrmann did not elaborate on why it is in the criminal
proceedings, the lawyer who comes from Schladt forwarded to the CCC
State Trojans should have traded for a capital offense.]
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