Offene Ermächtigungsgrundlagen im Strafprozessrecht

»Open Legal Bases in Criminal Procedure. Constitutional Requirements for the Use of Modern Communication Technology«: The development of technology in the information society and the increasing linking of information systems has led to an increase of possibilities for criminal investigative activities. The aim of this work is to assess new technical possibilities for the investigations of law enforcement authorities on the basis of German constitutional law. The work is divided into two large sections. In the first part, constitutional requirements, which have to be taken into account when assessing criminal procedure, are articulated. In the second section, three investigative measures governed by German criminal procedure are evaluated on the basis of the requirements of constitutional law established in the first part: Source telecommunication surveillance (Quellen-Telekommunikationsüberwachung), so-called »silent SMS« (»stille SMS«) and the virtual undercover investigator (virtueller verdeckter Ermittler).