PST has today decided to initiate an investigation to examine whether the information that has emerged lately surrounding fake base stations concerns illegal intelligence activities for the benefit of foreign states cf. Penal Code. § 91a.
PST declined to comment beyond that.
In the relevant section reads:
“Whoever secretly or by fraudulent means in favor of a foreign state seeks to collect information about political or personal matters if notice to another state he knows or ought to understand can hurt Norway’s interests or cause danger of individual lives, heal, liberty or property, or as an accessory thereto, shall be punished by imprisonment booklet or up to two years. “
– Case for PST if other states are behind
Aftenposten revealed on Saturday that the outside parliament and government offices are located advanced spy equipment that monitors mobile phones. It is not known who have deployed the false base stations, which are devices used to monitor mobile traffic.
PST boss said Aftenposten Saturday that if there is reason to believe that there is foreign state actors behind bugging, it will be appropriate for PST to investigate the case.
If it’s commercial interests, it is a matter for the ordinary police, said Bjørnland then.
Bjørnland stressed then that they would await the results of the survey National Security Authority (NSM) started on Friday, before PST undertook further steps.
Monday revealed Aftenposten that also financial community at Aker Brygge, Tjuvholmen and Lysaker monitored by false base stations.
PST: – The Norwegian people can not talk about secrets on open line:
PST: – The Norwegian people can not talk about secrets on open line
Lawyer: – Authorities have a duty to investigate
– The Aftenposten has revealed will be illegal and punishable by Penal Code § 145 no matter who is behind. It is also violation of the Constitution and ECHR Article 8, ie human rights, says lawyer Jon Wessel-Aas Aftenposten.
If it had been suspected that private actors stood behind, would the local police (Oslo police) have been responsible. Since PST now choose to open an investigation, it suggests that the suspicion is strong that a foreign state is behind the surveillance.
– Depending on what information is collected, it will also the usual Personal Data Act could apply. The same applies to the Penal Code §§ 90 and 91 of illegal procurement of information which is secret for reasons of national security. In this case one speaks of a far higher penalty, the lawyer said.
It is the latter clause PST now choose to open an investigation on.
How jusen
Wessel Aas points out that state after the ECHR have a certain obligation to prevent others doing such business in Norway, and in any case to investigate it. Read Jon Wessel-Aas review of the current Norwegian right around surveillance through mobile espionage.
This is the main points of jusen around monitoring of mobile phones:
- To utilize existing frequencies in the cellular network and / or register / eavesdrop on private communication that takes place there, is illegal and punishable, unless one has the statutory authority to do so.
- The communication that takes place between people via cellular is confidential, private communications are protected under both the Constitution § 102 and the European Human Rights (ECHR) Article 8. Creation of false base stations that captures information about this communication, is an infringement of this protection.
- It is not allowed to create more or less permanent, active base stations which use frequencies allocated others so Aftenposten most likely have revealed.
- Should be state governments behind, it will in itself constitute a violation of both the Constitution and the ECHR. Following the ECHR state also has a certain duty to prevent others doing such business in Norway, and in any case to investigate it, when it is revealed that it is done by Aftenposten now.
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