Cabinet delete decryption command from computer crime bill III

Dec

23

2015

The bill of law cybercrime III, which is in the making since 2013, was presented to the Lower House. The proposal includes new powers for the police to penetrate remote computers. The decryption order to the suspect is not a part of the text.

The controversial bill introduced include a so-called hack responsibility for the police. Allows investigators were secretly ‘automated work’ may not perform breaking and research. It includes computers, servers, and smartphones and many more devices connected to the Internet. This power can also be used abroad, but a request for legal assistance is to be done when it is clear where data is located.

In a draft version of the proposal was also a decryption command that included the suspect could be addressed, it is deleted in the current proposal. This would be at odds with the principle of nemo tenetur, which means that a defendant does not have to work with their own condemnation.

Another new powers in the bill is to make the data inaccessible. Nor may police as lokpubers “are used to identify individuals who make contact via the internet with minors. In addition, it is dealing in stolen data criminalized.

The law would also provide safeguards in the use of the new powers. So these can be used only for crimes that constitute a serious breach of the law. Besides this threshold is needed permission from the magistrate and certain powers would be subject to review by the Central Review Committee.

On 27 November it was announced that the bill would go to parliament, yet remained silent for a long time until today. This led to questions in Parliament, as the law after the attacks had been in Paris higher priority.

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