Encrypted communication, absolute security – and suddenly the police are at your door. What sounds like a thriller is reality for hundreds of people worldwide—including in Liechtenstein and Austria. The reason: the crypto messenger service ANoM was deliberately distributed in criminal circles.
What is ANoM?
ANoM was a supposedly tap-proof messenger app that was distributed via specially manipulated smartphones. Users believed they were operating within a closed, secure network – but in fact, messages were allegedly read by investigative authorities.
Operation Trojan Shield – also in Austria
The international operation, known as Trojan Shield, led to over 800 arrests worldwide. In Austria, more than 130 people were arrested as part of “Operation Achilles,” over 60 house searches were carried out, and large quantities of drugs, weapons, and cash were seized (https://www.bmi.gv.at/magazin/2021_11_12/Kriminalitaetsbekaempfung.aspx).
Legal assessment in Austria
The use of ANoM data in Austrian criminal proceedings is highly controversial:
The Supreme Court (OGH) has dealt with the question of the admissibility of foreign evidence – in particular from covert surveillance measures such as ANoM. The following applies: Investigative methods that would be inadmissible in Austria cannot be used under certain conditions.
A ban on the use of evidence may result in particular from the right to a fair trial (Art. 6 ECHR) or from the EU JLG.
The Austrian judiciary is currently examining in several proceedings whether the ANoM data was collected under conditions that are acceptable under the rule of law – or whether there has been deception of the courts, as documented in Lithuania.
What does this mean for those affected?
If you are under investigation or have already been charged and the allegations are based on ANoM data, you should have your rights defended immediately and comprehensively.
