Court Shoots Down Computer Surveillance // canavarlar

Court Shoots Down Computer Surveillance

BERLIN (AP) -- Government surveillance of personal computers would
violate the individual right to privacy, Germany's highest court found
Wednesday, in a ruling that German investigators say will restrict their
ability to pursue terrorists.

The Karlsruhe-based Federal Constitutional Court said in a precedent-
setting decision that data stored or exchanged on a personal computer is
effectively covered under principles of the constitution that enshrine the
right to personal privacy.

"Collecting such data directly encroaches on a citizen's rights, given that
fear of being observed ... can prevent unselfconscious personal
communication," presiding judge Hans-Juergen Papier said in his ruling.

While the ruling directly addressed a state law that had widely permitted
authorities to monitor criminal suspects' personal computer use, it also set
out the ground rules for a hotly disputed federal law governing secret
services' ability to use virus-like software to monitor suspected terrorists'
online activity.

"Given the gravity of the intrusion, the secret infiltration of an IT system in
such a way that use of the system and its data can be searched can only
be constitutionally allowed if clear evidence of a concrete threat to a
prominent object of legal protection exists," Papier said.

Authorities would be allowed to spy on suspects' computers using virus
software in exceptional cases, according to the ruling. However, any such
action must have the approval of a judge.

Interior Minister Wolfgang Schaeuble welcomed the ruling, saying his
ministry would refer to the clause allowing surveillance in specific cases in
preparing new legislation to guide Germany's national intelligence services.
A previous proposal to use the technology to fight terror and investigate a
range of crimes met with sharp criticism from civil rights groups and
opposition politicians.

"We expect that with a decision from the court we'll get a wider
acceptance of the law than when it was just the Interior Minister saying
the same thing," Schaeuble said.

"I hope that the insecurity felt by young people will be tempered by this
decision; it shows that our government ... protects the people's rights."

Justice Minister Brigitte Zypries also welcomed the decision, saying that
it "strengthened the trust of citizens and the economic system in the
integrity and confidentiality of computer systems."

The decision was lauded by the IT industry as well. Bernhard Rohleder,
head of the BITKOM association said the court's ruling reflected their
position.

"Now we have a basis for future debates on security and information
technology," Rohleder said.

//wired