{"id":2493,"date":"2017-07-29T23:55:41","date_gmt":"2017-07-29T21:55:41","guid":{"rendered":"https:\/\/blog.mi.hdm-stuttgart.de\/?p=2493"},"modified":"2023-08-06T21:50:59","modified_gmt":"2023-08-06T19:50:59","slug":"spying-on-everyone-cheap-and-simple","status":"publish","type":"post","link":"https:\/\/blog.mi.hdm-stuttgart.de\/index.php\/2017\/07\/29\/spying-on-everyone-cheap-and-simple\/","title":{"rendered":"Spying on everyone – Cheap and Simple"},"content":{"rendered":"

Introduction<\/h1>\n

Espionage, or less formally \u201csyping\u201d has become a huge public topic in Summer 2013. Edward Snowden revealed that The American NSA (National Security Agency) and the allied Great Britain GCHQ (Government Communications Headquarters) are surveilling, storing and examing all network traffic in- and outbound the US and Great Britain. The debate covered the Newspapers front pages over month and subsequently more and more information was unrevealed. The citizens of the various states on the other hand refused on accepting these actions. But not many things changed politically, moreover the secret (and illegal) activities were made legal in public presence in countries such as the US, Great Britain and Germany. Reminding of George Orwells\u2019 novel \u201c1984\u201d. Still though, things changed in digital communication such as more attempts and request of encryption of messages and data.<\/p>\n

<\/p>\n

But not only espionage of millions was a present topic the last century, also spying on specific being or a small group of persons was thematized in the Series of the MI6 Agent, James Bond. The use of tiny gadgets was put in to focus every movie. They were hidden in Pens, Watches, Cars or any other object imaginable. It was not rarely mentioned how expensive and seldom these devices were.<\/p>\n

Leaving the thoughts of spying governments behind, with their immense financial possibilities. It seemed unlikely that a normal Person can use such methods or access such devices.<\/p>\n

Still tough, espionage has a scent of a forbidden adventure. And thinking thus what a normal person could do might inspire one\u2019s imagination. Filming people in secret: What is my neighbor doing (in my garden) once I am at work? Recording voices and sounds: What did the customers discuss while the salesman left the room? Or tracking people or objects: Where is my dog going? Is my wife soon home?<\/p>\n

 <\/p>\n

Espionage and the legal situation in Germany<\/h1>\n

The MI5 defines espionage as a collection of information, classified secret or confidential without the permission of the legal owner.<\/p>\n

Information can be any part of data. Digital or physical. It can be a piece of Text, an Image, a Video or just Meta-Data.  Since it is classified confidential or secret it must inherit a certain value. And the owner of the information must not know of the access and collection of data, bypassing authorization. In the end, power was granted.  However, laws are projecting this special kind of personal authorization breach.<\/p>\n

German law is very strict at this. In the \u201cStrafgesetzbuch\u201d (penalty code) \u00a7 202a it states:<\/p>\n

Wer unbefugt sich oder einem anderen Zugang zu Daten, die nicht f\u00fcr ihn bestimmt und die gegen unberechtigten Zugang besonders gesichert sind, unter \u00dcberwindung der Zugangssicherung verschafft, wird mit Freiheitsstrafe bis zu drei (3) Jahren oder mit Geldstrafe bestraft.<\/p><\/blockquote>\n

An English equivalent:<\/p>\n

Whoever tries to grant access to data, that is not designated for her or him and that is specially protected against illegal access, under the exploration of this protection will be punished with up to three years in prison or a financial penalty.<\/p><\/blockquote>\n

The core is the special protection of the information in combination with the authorization:<\/p>\n

If the Information is not specially protected and probably easy to obtain the law doesn\u2019t apply. On the other hand the it is clear that if a person does grant access it can be specially protected.<\/p>\n

But what is about spy gadgets? They are restricted at the \u201cTelekommunikationsgesetz\u201d (telecommunications act) \u00a7 90. It states that it is forbidden to own, distribute or produce transmitters that are covered with objects of daily life and specially designed for taking a picture from another person. Penalties are up to two years in prison or with financial penalty up to 500,000 \u20ac.<\/p>\n

Interestingly there is a close connection between transmitter and taking a picture. Imagine a device does take a picture but won\u2019t transmit it, is not covered by this law.<\/p>\n

In general, other laws apply eventually:<\/p>\n