Cyber Security Practitioner
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Volume: 3 Issue: 7
(July 2017)

Keywords:
q& use court-ordered trojans germany german parliament passed amendments the german criminal procedure code (‘gcpc 7 july 2017 effort improve criminal

Jurisdictions:
Germany UK France US Italy

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Q&A: The use of court-ordered Trojans in Germany

The German Parliament passed amendments to the German Criminal Procedure Code (‘GCPC’) on 7 July 2017 in an effort to improve criminal prosecution in light of the use of technology. ‘The Act for more effective and practicable design of criminal procedure’ contains amendments to the GCPC to simplify and accelerate criminal procedures, which includes new powers for the public prosecutor, based on a court order, to introduce inquisitive software tools (so-called ‘government Trojans’) for telecommunications surveillance (Section 100a GCPC) and new powers to carry out online searches including on mobile devices (Section 100b GCPC) without informing the suspect. In such a context, the public prosecutor may if necessary circumvent encryption technologies embedded in the telecommunication technology and/or related devices of the suspects. Cyber Security Practitioner spoke to Dr Alexander Duisberg, Partner at Bird & Bird, about the amendments and the possible implications for cyber security.

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