German Supreme Court is skeptical about covert online searches

After the hearing pertaining to the Constitutional Protection Act from the state of North Rhine/Westphalia (NRW), experts do not believe that the controversial regulation, which would allow IT systems to be searched online, stands much of a chance. In a number of critical questions, the Court’s First Chamber indicated to the government of NRW that its Act was not clearly formulated, thus violating the requirement that regulations be clear.The Court’s president Hans-Jürgen Papier also announced that a ruling would be handed down on the general constitutionality of covert online searches “far beyond” the current NRW case. He said that “basic issues of liberty and security” have to be weighed off against each other in light of the changing nature of recent terrorist threats.

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