The judge may permit the use of 'Trojans' on computers or ... - 20minutos.es

class=”text”> A person working with your computer mouse. (FILE)

the draft of the Criminal Procedure Code, which will replace Criminal Law and developed a committee of experts at the request of the Ministry of Justice, including the possibility of using software to remotely control a computer or any electronic device during the investigation of a particularly serious crime.

So the text reflected issued last February by the Ministry in Articles 350 , 351 and 352. The newspaper Country extends the information Wednesday noting that this measure would also affect tablets and smartphones and ultimately supposed installing trojans or programs spy , which today is only allowed in Germany and terrorism cases.

Minister of Justice, Alberto Ruiz Gallardón , said on Tuesday that this is only “proposals submitted to public debate” and that until October, when formulating the final draft, “all there is, is a public debate.”

explains the draft articles to be Guarantees Tribunal in charge of authorizing , at the request of the prosecution, this type of intervention. The actions constitute separate piece and will be secret for up to ten days.

Specifically, “ using identification data and codes as well as software installation, to enable, remotely and telematics, remote examination without knowledge of the owner or user of the contents of a computer, electronic, computer system, instrument mass storage of computer data or database. “

As the document says, must be “proportionate” and be “necessary” to find the perpetrator of the crime, his identity or clarify the facts under investigation. Will a judge reasoned decision which has to authorize the intervention, which will only be possible if the data is “stored in a computer system or part thereof located in territory over which jurisdiction extends Spanish”.

text details further that “ access providers or online services and the owners or managers of the computer system or database registry object” will be required to assist in the investigation. Same as “anyone who knows the operation of the computer system or measures applied to protect data held in it to provide the information that is necessary for the success of the procedure.”

According to published last 2011 weekly Der Spiegel , the German Federal Department for Criminal Investigation (BKA) turned in a year at least seven times to Trojans to follow the footsteps of militant Islamists so did the Department of Protection of the Constitution (Interior secret services), border police or the authorities of the lander.