The legality of hacked cryptocommunication, such as data from EncroChat and Sky ECC, remains a pivotal issue in legal debates. In their article, Dutch defense lawyer Justus Reisinger and Ruud van Boom emphasize the need for judges to take an active role in scrutinizing the admissibility of such evidence. They critique the reliance on international trust principles, arguing it falls short of ensuring compliance with Dutch and European legal standards.
The article, published in Advocatenblad, outlines key concerns, such as the proportionality of hacking operations and the implications of mass surveillance. Judges, they argue, must rigorously assess whether the collection of such data respects fundamental rights, including privacy and the presumption of innocence. The Messina ruling (May 2022) by the Rechtbank Noord-Holland stands as a landmark decision, advocating for stricter judicial reviews and ensuring the compatibility of evidence collection with national law.
For more, read the full article: Advocatenblad – Gehackte Kryptokommunikatie.