Telekommunikationsüberwachung am Scheideweg: Zur Regulierbarkeit des Zugriffes auf verschlüsselte Kommunikation (2511.12830v1)

Abstract: Personal communication using technical means is protected by telecommunications secrecy. Any interference with this fundamental right requires a legal basis, which has existed for many years for traditional communication services in the form of telecommunications surveillance (TKÜ, § 100a StPO) and appears to be widely accepted by society. The basis for the implementation of TKÜ is the obligation of telecommunications providers to provide interception interfaces. However, the technical implementation of telecommunications has changed significantly as a result of the Internet. Messenger services and Voice over IP telephony are increasingly competing with traditional telephone services. The use of strong end-to-end encryption made possible by this technology is increasingly posing problems for law enforcement agencies, as only cryptographically encrypted content is accessible via the interception interfaces provided to date. Against the backdrop of current discussions on socalled ``chat control'' and its limited social acceptance, this article addresses the question of whether and, if so, how the cooperation obligations of the technical actors involved can be sensibly regulated in the case of encrypted communication.