Telekommunikations\"uberwachung am Scheideweg: Zur Regulierbarkeit des Zugriffes auf verschl\"usselte Kommunikation

TL;DR

This paper examines the challenges and regulatory considerations of law enforcement access to encrypted telecommunications, especially with the rise of internet-based messaging and VoIP services using end-to-end encryption.

Contribution

It analyzes the legal and technical issues of regulating access to encrypted communication and discusses potential regulatory frameworks for cooperation obligations.

Findings

Encryption complicates lawful interception of communications.

Traditional interception methods are ineffective against end-to-end encryption.

Regulatory approaches must balance security, privacy, and social acceptance.

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 (TK\"U, {\S} 100a StPO) and appears to be widely accepted by society. The basis for the implementation of TK\"U 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.