NEW: π©πͺGermany's top court says spyware severely violates fundamental rights.
Bans spyware in cases with <3year sentences.
Enforces tough proportionality tests on all surveillance.
Restricts spyware to serious cases.
Interesting development.
Court says: capturing data at the source (i.e. on someone's phone) is maximally invasive.
Especially given how much of our lives happens online.
They also surface the security risks to systems from this kind of surveillance.
Watching Germany's highest court grapple with spyware's invasiveness & rights violations is instructive.
States wielding spyware without robust legal limitations and tight judicial oversight... are almost guaranteed to be violating their citizens' basic rights.
In so many jurisdictions, state secrecy & lack of effective legal challenges means spyware harms happening daily
Huge credit to German digital freedoms organization #digitalcourage
for bringing this case.
Court statement:
Restricts spyware to serious cases.
Interesting development.
Court says: capturing data at the source (i.e. on someone's phone) is maximally invasive.
Especially given how much of our lives happens online.
They also surface the security risks to systems from this kind of surveillance.
Watching Germany's highest court grapple with spyware's invasiveness & rights violations is instructive.
States wielding spyware without robust legal limitations and tight judicial oversight... are almost guaranteed to be violating their citizens' basic rights.
In so many jurisdictions, state secrecy & lack of effective legal challenges means spyware harms happening daily
Huge credit to German digital freedoms organization #digitalcourage
for bringing this case.
Court statement:
Rules on preventative and criminal procedural (source) telecommunications surveillance and criminal procedural remote searches are constitutional for the most part
In orders published today, the First Senate of the Federal Constitutional Court rendered its decision on two constitutional complaints concerning s...
Mandated microphones in private spaces are a bad idea.
Throwing invasive sensors into private spaces rarely fixes socially scary problems.
But is almost guaranteed to have risky downsides.
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Pic via: X post by Rob Warren (@bikesandbitcoin)