The recent reform of criminal law introduced the so-called “computing devices”, also known as State Trojans , paving the way for new disturbing scenarios related to the privacy of Italian citizens. Although the law sets precise limits on usage, there are several gray areas that will need to be “enlightened” by amending decrees.
At the moment there are no known methods of carrying out the State Trojans to be produced by certified companies and in some way affiliated to the judiciary. This would avoid external influences that could help remove credibility of the institutions.
It is also provided for the deposit of the source code of the trojan , thereby allowing the defense of access to the data collected by the courts before the start of criminal proceedings. But what it is not clear is what will be the limits of malware products: can access any smartphone content?
How they are going to impact on the performance of the smartphone? How will we know if the intercepts contain any extraneous information from the investigation? And what we do with the information collected in this way? The lack of discussion in the halls of Parliament, which took place following the decision to terminate the trust of the text of the law, has provoked much criticism from experts and associations, who are hoping for a series of corrective decrees.
Many are the doubts raised by the law and will stand to clarify institutions and provide the necessary explanations to reassure citizens.