12/12/2025 at 4:48:04 PM
The explanation is deceptively unclear, IMO. What's being authorized is court-ordered searches of a type that were previously prohibited, even for courts to authorize, by strict privacy laws. The US has always had the power to conduct these searches [0]; the "inviolability of the home" human dignity concept doesn't exist in the US. (I'll defer to German people to explain this concept).As explained in heise.de[1] (in German) about a parallel law being enacted in the state of Mecklenburg-Vorpommern,
> "For the online search, the deputies now also grant the law enforcement the right to secretly enter and search apartments with judicial permission."
[0] e.g. https://www.npr.org/2011/08/02/138916011/home-visits-and-oth... ("Home Visits And Other 'Secrets Of The FBI'")
[1] https://www.heise.de/news/Mecklenburg-Vorpommern-Durchsuchun...
by perihelions
12/12/2025 at 5:15:47 PM
> the "inviolability of the home" human dignity concept doesn't exist in the US.Maybe not under that term, but for example, almost the only place an American's 4th Amendment protections against search and seizure apply is in their home. Law enforcement can search their garbage at the curb, monitor their [edit: public] movements via camera and license plate monitoring, etc., look them up online, all without warrants [*]. They can't do that in someone's home.
[*] I'm pretty sure no warrant is required to search curbside trash or do most online research.
by mmooss
12/12/2025 at 6:00:58 PM
The distinction here is whether police can secretly enter a home to plant bugs, &c. In the US, this is routine; in Germany, this is (was?) taboo.(FYI, you can escape * as \* to get it to display as *).
by perihelions
12/12/2025 at 6:12:41 PM
Is this even practical anymore? A non-technical person can set up video surveillance on their home for a couple hundred bucks. Why wouldn't a criminal do that? I think the days of the FBI planting a microphone in a lamp on Tony Soprano's basement are over.by andrepd
12/12/2025 at 8:11:30 PM
It's hard to set up video surveillance in your home without inadvertently providing much of the surveillance data the law enforcement officers were after, especially for non-technical people.by marginalia_nu
12/13/2025 at 11:25:58 AM
Good point!by andrepd
12/12/2025 at 8:02:38 PM
I read in the papers that the cheap cameras are over wifi, so thieves are using wifi jammers to take them offline during the heist.by fragmede
12/12/2025 at 8:45:00 PM
The FBI has an array of readymade zero day exploits, it is probably able to handle Tony Sporano's Chinese knockoff video survellianceby breppp
12/12/2025 at 6:04:43 PM
Thanks for the tip!by mmooss
12/12/2025 at 6:31:17 PM
I think the "inviolability" thing is useful just to understand what's actually happening here, but it's also important to understand that the US and Germany have very different criminal justice, search, and evidentiary systems. Germany doesn't have an exclusionary rule for evidence, for instance.by tptacek
12/12/2025 at 5:45:41 PM
The boundaries of your "home" varies by State. For example, in some States the interior of your car is part of your home even when not at home, which occasionally has entertaining implications.by jandrewrogers
12/12/2025 at 6:08:59 PM
> the interior of your car is part of your homeEspecially when you exclusively enter and exit the car inside your garage! /s
by stronglikedan
12/12/2025 at 5:59:38 PM
This article is not about warrantless searches of homes, though. In America, courts can and do order the police to secretly enter a domicile and install surveillance devices.by jeffbee
12/12/2025 at 6:00:12 PM
It also appears this Herman law allows “no knock” search warrants, which in the US are generally considered more serious and more restricted.by elcritch
12/12/2025 at 5:27:45 PM
The trash search thing varies by state at least.by hrimfaxi
12/12/2025 at 6:31:50 PM
It's so frustrating that every other comment in this thread is people giving their pet opinion about the headline and what it means about the state of the world / the inherent authoritarianism of Germany / whatever, and nobody else is commenting on the contents.The controversial measures the article lists are things like:
> Police may now install state-developed spyware, known as trojans, on personal devices to intercept messages before or after encryption. If the software cannot be deployed remotely, the law authorizes officers to secretly enter a person’s home to gain access.
> The revised law also changes how police use body cameras. Paragraph 24c permits activation of bodycams inside private homes when officers believe there is a risk to life or limb.
Those seem like... pretty reasonable things for the police to do, presuming it has a warrant? And if the law authorizes doing these things without warrants, maybe the article should have lead with that?
Ctrl+F-ing "warrant" in the article doesn't give me any result, which makes me feel this article isn't very serious.
by PoignardAzur
12/12/2025 at 7:08:23 PM
Sounds like horrible overreach to me, even if such activities are legal in America (when did American police become the gold standard that Europe needs to emulate???!!)Seriously, searching your home with a warrant is one thing. Doing it secretly without the homeowner knowing about it afterwards is some Stasi shit. Are they going to steal your dirty underwear too? And installing malware on the computers of people merely suspected of a crime is even more insane.
by mikkupikku
12/12/2025 at 7:44:10 PM
> And installing malware on the computers of people merely suspected of a crime is even more insane.But it's not "merely suspected"! It's "suspected with enough evidence to convince a judge to issue the warrant". These are completely different things, and to intentionally confound the two is wildly disingenuous.
by try_the_bass
12/12/2025 at 8:21:56 PM
I don't see how that's much better; a judge is just one guy and he's only hearing the cops' side of the story since you aren't allowed to know you've been accused, let alone present your side of the story.by mikkupikku
12/12/2025 at 8:34:19 PM
While that's true, if the cops are too egregious too often, the judge starts to doubt their stories.by mbg721
12/13/2025 at 11:31:54 AM
I mean... yes, that's how police surveillance works? People don't want to do illegal things when they know the police is watching, so sometimes the police has to spy on people before they can prove they did something illegal. The person being spied on can't present their side of the story, because if you tell them they're being investigated, they'll just lay low.So yeah, there's always the possibility that the cops spy on someone innocent or try to dig up dirt on a journalist or something, and that's why warrants exist. If you don't think a judge's oversight is enough for the police to intrude on someone's privacy, then you're basically saying that the police should only ever have access to OSINT sources and nothing more.
by PoignardAzur
12/13/2025 at 1:26:26 PM
Police get a warrant in Germany by literally phone calling a judge in 5 minutes, there is nothing special about it.by sunaookami
12/13/2025 at 6:32:41 AM
[dead]by black_13