Berlin Approves New Expansion of Police Surveillance Powers

Berlin's regional parliament has passed a far-reaching overhaul of its 'security' law, giving police new authority to conduct both digital and physical surveillance. From a report: The CDU-SPD coalition, supported by AfD votes, approved the reform of the General Security and Public Order Act (ASOG), changing the limits that once protected Berliners from intrusive policing. Interior Senator Iris Spranger (SPD) argued that the legislation modernizes police work for an era of encrypted communication, terrorism, and cybercrime. But it undermines core civil liberties and reshapes the relationship between citizens and the state.

One of the most controversial elements is the expansion of police powers under paragraphs 26a and 26b. These allow investigators to hack into computers and smartphones under the banner of 'source telecommunications surveillance' and 'online searches.' Police may now install state-developed spyware, known as trojans, on personal devices to intercept messages before or after encryption.

If the software cannot be deployed remotely, the law authorizes officers to secretly enter a person's home to gain access. This enables police to install surveillance programs directly on hardware without the occupant's knowledge. Berlin had previously resisted such practices, but now joins other federal states that permit physical entry to install digital monitoring tools.

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