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Re:German government to use Trojan spyware to monitor citizens by rudolf0 on Tuesday February 23, 2016 @04:09PM (#11162359)
Perhaps. But no-knock search warrants are also legal. The police can break into your house and put cameras or microphones in it with a warrant. Even though the process of breaking-in does affect the evidence a little, or even opens the possibility of a cop planting drugs or something, it's generally still accepted in court.

This is basically the same thing as using malware for surveillance. I'd argue the malware is even less invasive.

Re:German government to use Trojan spyware to monitor citizens by terminalcommand on Wednesday February 24, 2016 @01:37AM (#11164970)
Digital evidence is IMO a different matter than physical evidence. The threshold for implanting fake digital evidence is very low. You need fewer people, you can cover your traces easily... To break-in and install cameras you need to find a suitable time where the suspect is away for a long time. And you can't always break-in to the house and change things, you won't be permitted. The monitoring of the use of these trojans is the most important problem. With a trojan horse you have access to the computer 24/7 and you can do whatever you want. Of course you could argue that police could also plant fake physical evidence, but that's a lot harder to do and you need more people. (more witnesses) There is a thin line seperating a state of law from a police state.
Re:German government to use Trojan spyware to monitor citizens by rudolf0 on Wednesday February 24, 2016 @01:27PM (#11168956)
It's true that it is probably easier to get away with planting fake digital evidence than fake physical evidence. But, I mean, there has to be some trust in law enforcement. If law enforcement does this on a regular basis - and the US police have much more in the past, especially against certain minority groups - the entire system collapses.

So until there's evidence of German law enforcement planting fake evidence, I still see no issue with this.