Following a ruling by the Federal Constitutional Court, legislators must amend the law and create legal certainty

In a recent statement, BITKOM (https://www.bitkom.org) welcomed the ruling by the Federal Constitutional Court, which declared the use of a government Trojan to be partially unconstitutional and set strict limits on its use. The judges rightly emphasised that interference with digital privacy is only permissible in cases of the most serious crimes.

Clear rules for companies

“The legislature now has a duty to make improvements and create legal certainty for providers of digital services and telecommunications solutions,” said BITKOM CEO Bernhard Rohleder. “Companies need a clear and reliable legal framework in order to contribute to internal security without violating the rights of their customers.”

BITKOM considers it problematic if existing security gaps in communication tools can continue to be used for state surveillance, for example for the installation of state Trojans. “Unknown security gaps are a threat to the IT security of all citizens, companies, and administrations. Instead of deliberately keeping vulnerabilities open and exploiting them, they should be reported immediately to the manufacturers as soon as they become known so that they can be closed as quickly as possible,” explains Rohleder.

Problematic security vulnerabilities

As cybercrime continues to rise, law enforcement agencies urgently need more resources and better training in cybercrime to be able to stop perpetrators. Open security vulnerabilities stand in the way of this goal.