Fabio Angelini
It is widely know that the US Government’s “war on terror” justification has effectively allowed US enforcement

The German Federal Constitutional Court has 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. Therefore, un-authorized government surveillance of personal computers violates the individual right to privacy. While the decision directly addressed a state law that had widely allowed authorities to monitor suspects' personal computer use, it also set out the ground rules for a proposed federal law governing secret services' ability to use virus-like software to monitor suspected terrorists' online activity.
The presiding judge Hans-Juergen Papier held that “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," As a result of this decisions authorities would be allowed to spy on privately held computers using virus software in exceptional cases, but any such action must have the approval of a judge. It seems a reasonable decision, even though given the ubiquitous nature of the web, one wonders if it really matters that Germany has self imposed a duty which other EU countries have not. Perhaps, after Germany other countries will follow.
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