Lawyers for EncroChat encrypted phone users have begged the EU to halt court cases using evidence from the compromised mobile network, saying evidence disclosure breaches the political bloc's laws.
The Fair Trials campaign group, representing lawyers for people accused of committing serious organised crimes through Encrochat communications, claimed in an open letter that the 2020 hack "involved the fundamental rights of thousands of individual citizens of [EU] Member States."
EncroChat was an end-to-end encrypted phone system used by organised crime gangs, or so law enforcement agencies across Europe claimed. A joint police investigation in France and the Netherlands had state hackers target the main EncroChat servers at a data centre in France to compromise the centralised messaging system and deploy malware to all EncroChat handsets. Cleartext copies of users' messages were then sent to police servers in real time – something that used to be tightly regulated under UK law until an EncroChat-related legal challenge failed.
Defence lawyers in the UK tried and failed to claim the NCA had obtained the wrong kind of legal warrant allowing it to deploy the messages' contents in court.
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