Spain closer to legalizing Trojans to spy suspects
Even in draft of draft bill, the Spanish Ministry of Justice is preparing what looks like a new law that will allow in certain cases, authorize enforcement infect computers with trojans to spy the content of hard disks or the memories.
In Spain, the current criminal code is reforming, which has already given enough to talk , does not allow this type of intervention as suspicious equipment violates the basic right of privacy. Given that this suspect is not even called to testify before a judge or is accused in any way. The change in the Criminal Code could allow that if a person is under investigation, you can spy.
Legally is a very thorny issue, is on one hand the right to privacy and on the other a quick way to find evidence to prosecute a suspect. But it is clear that the right to privacy should be above all, there are examples in other countries make it clear that this is not always so, for example the U.S. Patriot Act. UU., Enacted after the September 11 attacks in New York S.
Use of this reform would focus specifically on investigating possible crimes that are punishable by more than three years in prison or crimes that have to do with terrorism or organized crime.
Affect PCs, tablets and smartphones by way of Trojan, a virus that is installed without the consent of the suspect and would allow security forces to check the contents of the memory without being aware of anything. Some of the Trojans used by the police are able to examine the contents of memory, but also store passwords that are saved, allowing access to all accounts
The Ministry of Justice has confirmed that this draft exists and is being considered, but no decision taken in this regard. But it is certainly a very important issue in the legal system, which may mark a turning point when it comes to finding new evidence against a suspect. Whoever this person is in the situation it is, a suspect has the right to privacy and this draft, technically, could be unconstitutional as enshrined in Article 18 of the Spanish Constitution.
It is clear that to do this installation of a Trojan first have to identify the equipment is in Spain, and one possibility might be going instead directly seize the suspect’s computer.
It would be role of a judge who has to authorize the use of this Trojan to be developed, and which also exisigrÃ¡ if the offense is a severity greater than expected for a wiretap, as has been done so far.
You might think that having systems that encrypt data, including messaging applications directly encrypted before being sent via internet, make such unnecessary judicial applications. But that’s the case, that the encrypted, the message remains encrypted until it reaches the recipient.
What is this draft attempts to intercept messages or any data directly from the device, such as a keylogger , which could store all the messages you send using the keyboard.
Link: The police may use Trojans to investigate computers and tablets (The Country)Tags: Código Penal, España, Keylogger, Ministerio de Justicia, Ministry of Justice, Penal Code, Spain, Trojan, Troyano