Dissection of Malware and Legality
You have probably seen the articles about the 0zapftis (a.k.a. the German Federal Trojan) malware used by the German police for investigation. There’s a lot going on in Germany and the German parliament, so we’d like to point out the issue of dissecting governmental malware and its relation to common sense and the law. The politician Patrick Sensburg accused the Chaos Computer Club to have thwarted investigations and thus the punishment of potential perpetrators. This violates German law (§ 258 Strafvereitelung, to be exact, description is in German). So is it legal to analyse malicious software or is it illegal? Mr. Sensburg has already answered three questions regarding his statements in parliament. He clarified his message. He criticises that the code had been published on the Internet instead of contacting the appropriate government agencies.