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Comment Re:Wait what? (Score 0) 156

Let me repeat: the "Bundestrojaner" is supposed to only be used with a court mandate, only for a limited time, and only on the computers of people suspected of terror activities and the like. Plus a court is supposed to establish (as per the german supreme court decision) that the use does not pose any danger to a person's other rights, among which their freedom. It'll be interesting to see if they can use it at all then, but at any rate you can't use it, say, to intimidate your opponents.

In theory that's all fine and dandy. The problem however is that judges are giving court mandates left and right. Just look at the way home searches, for which you need a court mandate too, are handled today. These are supposed only to be used in cases of serious crimes. And yet in practice you have a metric shitload of unconstitutional searches every year. You can get your home searched for like 20 Euro. The court mandate's become a laugh, nice words on paper, nothing more. There's no reason to believe it will be different for those electronic searches, which in the future will be even easier and with less hassle to do than those physical searches.

Also "Fruit of the poisonous tree" doesn't work in Germany. Even if you get searched unconstitunional, possible evidence is still vaild. Even chance discovery of evidence they didn't originally come for can be used to make a case.

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