In order to monitor encrypted communication, investigators will in future, according to the Senate draft and the Änderungen der Abgeordneten, not only be allowed to hack IT systems but also to secretly enter suspects’ apartments.
If remote installation of the spyware is technically not possible, paragraph 26 explicitly allows investigators to “secretly enter and search premises” in order to gain access to IT systems. In fact, Berlin is thus legalizing – as Mecklenburg-Western Pomerania did before – state intrusion into private apartments in order to physically install Trojans, for example via USB stick.
100%. Every now and again people keep bringing up the idea of introducing a hurdle in the Netherlands as well, and I’m always strongly opposed. It doesn’t even do what people expect it to, and there are other ways to achieve that goal too.
I believe the only ones who profit from this hurdle are the big parties. It’s better for them if there is less choice. I hope for you that it never gets introduced in the Netherlands.