Messenger surveillance under scrutiny: ÖVP calls for stricter controls!

Messenger surveillance under scrutiny: ÖVP calls for stricter controls!

The current debate about messenger surveillance in Austria reveals a profound political conflict between the governing parties and the opposition. Interior Minister Gerhard Karner (ÖVP) has clearly spoken out in favor of the use of messenger surveillance in criminal law. In the Puls24 program “Both Sides Live” he emphasized that responsibility for this lies with the Ministry of Justice and described the measure as “sensible”. Vienna.at

The calls for increased powers are not new. Elena Haslinger, the chairwoman of the Prosecutors' Association, is calling for the same rights for the public prosecutor's office as for the state security agency. The head of the Federal Criminal Police Office, Andreas Holzer, also advocates for appropriate powers for the criminal police and criticizes the fact that measures have so far only been taken in the case of terrorism. Karner supports these calls for tightening in this area, pointing out that implementation would require a change to the Code of Criminal Procedure.

Political reactions to the legislation

However, reactions to the draft law on messenger surveillance vary. While Karner and the ÖVP are pushing forward the measures, NEOS club chairman Yannick Shetty firmly rejects extending threat monitoring to other crimes. He issues a “clear stop sign” to the Interior Minister. The Greens also support the rejection of messenger surveillance and see themselves strengthened in their position. Digitalization spokesman Süleyman Zorba describes the Federal Trojan's decision as a "breaking dam" and warns of possible risks.

The draft law itself was presented by the federal government on April 8th and is currently in the review process, which lasts eight weeks. The measure aims to monitor “threats” through special software on mobile devices and in communication via encrypted services such as WhatsApp, Telegram, Signal and Threema. Critics vehemently warn of an infringement on fundamental rights and potential abuse against opposition members, journalists and whistleblowers. Inside Politics

Details about the surveillance technology

The security authorities have been demanding more access to these communication channels for years, although the previous monitoring options were limited to special software solutions, so-called Trojans. A planned federal Trojan was declared unconstitutional by the Constitutional Court in 2019. In order to regulate possible attacks, an agreement has now been reached that allows messenger monitoring under certain conditions. This includes that the crime must be punished with a minimum sentence of ten years in prison and supervision is limited to a maximum of 30 cases per year. Approval must also be given by a three-judge panel.

The legal framework stipulates that the legal protection officer has three months to check the software used. This software is probably programmed exclusively for monitoring messenger services. Privacy advocates are raising concerns about potential security vulnerabilities that these measures could create. It is also critically examined that the legal basis for message surveillance and telephone surveillance differ. The press