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Dutch defence lawyers direct in an open letter that there is a possibility of unfair trials unless they are allowed to confirm the reliability and legitimacy of hacked cryptophone evidence


Invoice Goodwin,
Laptop Weekly

Revealed: 25 Oct 2022 15: 48

Dutch lawyers dangle written an open letter claiming that defendants charged on the grounds of evidence from police cryptophone hacking investigations face unfair trials due to prosecutors dangle refused to relate data about the hacking operations in court.

More than 100 Dutch defence lawyers dangle signed the letter calling for the Netherlands Ministry of Justice and the public prosecution service to be clear over the involvement of Dutch cyber specialists in world operations to hack encrypted mobile phone networks, equivalent to EncroChat and Sky ECC, mature by prison gangs.

They direct prosecutors’ unwillingness to relate data about how police obtained data from the hacked encrypted mobile phone networks has made it no longer doable for defence lawyers to confirm the legitimacy and reliability of hacked text messages supplied as evidence in a few prison trials.

Justus Reisinger, the author of the letter, said lawyers within the Netherlands felt the necessity to unite due to the disorders at stake went beyond particular person real conditions.

“The establish a query to of is terribly easy – being ready to confirm the legitimacy and reliability of the evidence establish forward by the prosecutors,” he told Laptop Weekly. “The prosecutors and judges merely depend on the evidence and don’t enable us to confirm it. The restrict has been reached, which is why we are writing this letter to search data from for attention to the direct to be given open air the court.”

The Dutch High Tech Crime Unit has pioneered mobile phone and hacking tactics that were mature in immoral-border investigations into encrypted mobile phone products and services. They consist of Emmetcom, a Netherlands-based mostly utterly cryptophone service shut down in 2015, PGP True, and EncroChat and Sky ECC in 2020.

“This create of investigation is revolutionary and immoral-border,” said the letter. “There could be nothing irascible with that in itself and we recommend the social objective correct thing about original, evolved investigative methods within the war against crime. Nonetheless, the use of such original investigative methods does require transparency.”

The lawyers argued that it’s no longer conceivable for them to confirm the legality and reliability of text messages obtained from hacked mobile phone networks equivalent to EncroChat.

They said prosecutors and judges within the Netherlands dangle a mounted idea that the evidence obtained from hacking operations in third international locations is robotically admissible within the Netherlands due to of the precept of belief between EU member states.

“Global cooperation looks to be to be mature no longer most life like to war crime, however on the same time to deliberately restrict the possibilities of conducting an efficient defence,” said the letter.

Dutch courts dangle taken the glimpse that mobile phone messages that were intercepted or hacked from phones within the Netherlands by other European international locations could possibly possibly possibly also merely additionally be assumed to were obtained lawfully, however the lawyers argue there are causes to search data from this assumption.

“The Netherlands, as a sovereign country, is obliged to behavior its dangle evaluate against the guidelines and guidelines that notice within the Netherlands, and for that subject, within the remainder of Europe, in tell to provide real safety for the citizen,” said the letter.

“The same applies to reliability. It’s miles believed that there is unswerving evidence, whereas on many events it has changed into apparent that there are defects within the digital technology mature.”

Defence lawyers dangle no longer been allowed to confirm the reliability of evidence obtained through mobile phone hacking and this elevated the “unacceptable possibility of an unjust conviction”, the lawyers said.

The lawyers additionally argued that the measurement of interception operations against EncroChat and other encrypted mobile phone systems amounted to bulk interception keen a entire bunch of thousands of of us.

Prosecutors argue that the interception is targeted against citizens whose identification is unknown, however the lawyers said this map breaches the European Convention on Human Rights and the EU Charter on Traditional Rights.

“Supreme due to encrypted communication is real for use by criminals does no longer mean that encrypted communication is exclusively intended for, let on my own, mature by criminals,” said the letter.

The evidence from encrypted communications just isn’t any longer being completely tested within the Netherlands, the letter added.

The lawyers known as for the Dutch parliament to search data from questions about the role of the Dutch authorities in world investigations into encrypted mobile phone networks, and for judges to seriously evaluate the evidence offered.

The Dutch public prosecution service, the Openbaar Ministerie, said it used to be responsive to the lawyers’ concerns. It said the use of hacked encrypted data in prison lawsuits has been stumbled on to be appropriate by judges, based mostly utterly on reports.

One member of the Openbaar Ministerie has criticised the letter as being inaccurate and deceptive in a publish on LinkedIn. He said inspecting magistrates had been widely angry by all conditions that eager EncroChat data.

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