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Perhaps. But no-knock search warrants are also legal. The police can break into your house and put cameras or microphones in it with a warrant. Even though the
by rudolf0 11y ago
Perhaps. But no-knock search warrants are also legal. The police can break into your house and put cameras or microphones in it with a warrant. Even though the process of breaking-in does affect the evidence a little, or even opens the possibility of a cop planting drugs or something, it's generally still accepted in court.
This is basically the same thing as using malware for surveillance. I'd argue the malware is even less invasive.
- terminalcommand 11y agoDigital evidence is IMO a different matter than physical evidence. The threshold for implanting fake digital evidence is very low. You need fewer people, you can cover your traces easily... To break-in and install cameras you need to find a suitable time where the suspect is away for a long time. And you can't always break-in to the house and change things, you won't be permitted. The monitoring of the use of these trojans is the most important problem. With a trojan horse you have access to the computer 24/7 and you can do whatever you want. Of course you could argue that police could also plant fake physical evidence, but that's a lot harder to do and you need more people. (more witnesses) There is a thin line seperating a state of law from a police state.
- rudolf0 11y agoIt's true that it is probably easier to get away with planting fake digital evidence than fake physical evidence. But, I mean, there has to be some trust in law enforcement. If law enforcement does this on a regular basis - and the US police have much more in the past, especially against certain minority groups - the entire system collapses. So until there's evidence of German law enforcement planting fake evidence, I still see no issue with this.