Police across Europe, led by French and Dutch forces, compromised the EncroChat network, but should this evidence be usable in court? Via WIRED UK
. “The functioning of the trojan software is fundamentally subject to French military secrecy.”
Lödden, who is not involved in the case that has reached the CJEU but is coordinating with around a dozen other lawyers involved in European EncroChat cases, says people were offered good deals by judges and took reduced sentences for pleading guilty in some of the first cases he worked on. Since then, he has used several lines of defense. His challenges often involve questioning what legal basis was used to justify capturing the data from people’s devices.
There is no set date for the European Court to review the case; although in another high-profile legal challenge, two British EncroChat users have taken their case to. However, a French case, which is set to be decided this month, could make a difference to other cases across Europe. In October, the French Court of Cassation questioned previous EncroChat legal decisions and said they should be re-examined.
Despite the legal challenges, police forces across Europe have lauded the EncroChat hack and how it has helped put criminals in jail. When the hack was announced in June 2020, hundreds of people were arrested in huge coordinated policing operations. Police in the Netherlands discovered
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