Experts Warn of Risks of Messenger Surveillance

University professors from the Johannes Kepler University Linz (JKU) warn against this in a statement on the current draft. They identify an "alliance" with hackers, as they put it. They also view the legal protection mechanisms critically.

The federal government presented a corresponding draft in April. It provides the possibility to access messenger services or read messages. The measure is intended to be limited to cases indicating terrorist and constitution-threatening activities. These include, for example, the preparation of terrorist attacks or the formation of terrorist groups. It is also possible to use it in cases of espionage.

Purchase of Trojans Feared

The statement comes from Rene Mayrhofer and Michael Sonntag from the Institute of Networks and Security at JKU, as well as from Alois Birklbauer from the Institute of Criminal Law Sciences. They initially point out in their remarks that the draft leaves completely open how surveillance software is to be introduced into the devices. Current smartphone operating systems, they note, have extensive security mechanisms.

One would have to exploit open security vulnerabilities to circumvent them. "Therefore, the complexity of the necessary attack against the security measures is very high," the experts state. It is to be excluded that the domestic authorities have the personnel resources to create such software.

The logical alternative would be the purchase of Trojan programs. This is not only expensive, but one might also resort to espionage software that is used in some states, for example, to persecute opposition and journalists, the statement criticizes. In addition, it cannot be ruled out that the providers use technical solutions from criminal suppliers or hackers.

There is also skepticism about whether the surveillance software can be successfully removed again, as would be required by the law. The fact that a legal protection officer, as provided in the draft, can issue a statement is also seen as problematic - namely because the latter is supposed to decide within two weeks. The JKU professors believe that realistically, time frames of "at least several months" should be expected.

Messenger Surveillance: Also Legal Concerns

Legal aspects are also being raised. The requirements and hurdles for police intervention have been significantly reduced in the draft, it is complained. There is also no understanding for the fact that the Federal Administrative Court, and not the criminal justice system, is used for approval and control. It is speculated that the draft seems to distrust judicial oversight.

From the perspective of the authors of the statement, the legal protection system is also "immature" regarding incorrectly conducted infringements of fundamental rights. For example, if a telephone surveillance is conducted without judicial approval, the results should not be used in a criminal proceeding. Comparable consequences are not considered in the draft.

At least some points are also praised. Compared to an earlier draft, an attempt is now being made to limit the use to serious crime, it is highlighted. This is done by requiring the Minister of the Interior to report if more than 35 such cases are recorded per year.

(APA/Red)

This article has been automatically translated, read the original article here.