This is so-called source telecommunication surveillance (tku), i.E. The interception of ongoing communication via the internet, such as telephone calls via skype.
"Internet telephony is going to expand, and it’s encrypted," said range. "In order to monitor such speech, you have to get behind the encryption. That’s why we need the source tku as a surveillance warrant for serious crimes."In the case of source tku, a program is installed on the computer of the person concerned that records the communication before it is encrypted – i.E. Directly at the source – and transmits it to the investigating authority.
For the preventive danger defense by the federal criminal police office, the legislature has created a regulation for this monitoring, said range. For the area of law enforcement, however, there is no clear legal basis.
Government surveillance software came under fire last fall. The chaos computer club denounced trojan software for intercepting communications. The program can do more than it is allowed to do, was the central complaint. In bavaria, a trojan horse had also taken screenshots, i.E. Photos of the surface of the screen. This is highly controversial, as it could no longer fall under the term "ongoing communication".
Of course, surveillance had to respect the limits drawn by the federal constitutional court, said range. "The source tku must therefore be ordered by a judge and may not go further than what the respective judge allows." This must also be ensured by a "technically flawless implementation". It must be certain that only ongoing telecommunication is monitored and that stored content on the computer is not accessed.
On the subject of data retention, i.E. The precautionary storage of telephone and internet connection data to fight crime, range was cautious: "whether a new regulation is wanted or not is ultimately a matter of choice that has to be decided politically."The federal constitutional court had declared the previous regulation unconstitutional in 2010. So far there is no new law. CDU/CSU and FDP have been arguing about the issue for months. BKA chief jorg ziercke had complained that supply data was missing from the investigations into the zwickau right-wing terrorists.
Range said: "we do not have data retention. Point. In this respect, it seems to me that it is too early to reflect on whether we have made any progress with it. In any case, we are making good progress with the investigations. It is clear that every investigator wants to know as much as possible."