Government investigator Gunnel Lindberg is proposing that a new law be introduced that gives the police the ability to intervene in cyberspace. Today, those powers are “very limited,” according to Minister for Justice Gunnar Strömmer (M).
"You're out there, but you see that you lack the legal conditions to intervene in the way you need to," he says at a press conference.
According to the investigator, the police, customs and Säpo should be given the right to "gain access to information systems", that is, hack into, for example, mobile phones, computers and encrypted messaging services, to change, block or delete data in order to prevent or interrupt crimes.
This could involve stopping an ongoing data breach, stopping systematic fraud against the elderly, deleting child sexual abuse material, shutting down illegal drug sales sites, or stopping gang recruitment in chat rooms.
Hacking
The law would give the police the right to take measures that are otherwise criminalized as data breaches, according to the investigator. She compares it with the police in the physical world being allowed to break into a house to conduct a search.
According to Gunnar Strömmer, the law is a game-changer.
It has great potential to truly be a game-changer, he says, adding that it is a tool that is at the top of the police's wish list.
At the same time, he notes that it will require resources, and Gunnel Lindberg also emphasizes that it may take time before the police have acquired the technical ability to, for example, shut down a chat.
"They have some opportunities today, but it's clear that this would require much more. It would be a build-up over a number of years," she says.
In order for the police to intervene and disrupt criminal activity in cyberspace, the crime must be punishable by at least one year in prison. A clear connection to Sweden is also required.
To be reviewed
The Security and Privacy Protection Board shall review and ensure that the rules are followed.
It is a strong tool for the police, with fairly general applicability, but with built-in guarantees in other ways, says Gunnel Lindberg.
The law is proposed to enter into force on July 1, 2027 and will be limited in time for five years.
The proposals are now being sent for consultation, but the Minister for Justice is clear that he wants to move forward and says that it is urgent.
Our goal is to have such legislation in place within a year.
Should be able to be used by the police, customs and Säpo.
The crime must be committed in whole or in part using digital information systems.
The crime must have a connection to Sweden, for example, the crime must be committed by someone in Sweden or directed against someone in Sweden.
The crime must be punishable by at least one year in prison.
The law gives authorities the right to take measures that are otherwise criminalized as data breaches.
Examples of crimes that the police can tackle with the new law: Systematic fraud, online drug sales, sexual crimes against children, cyber espionage, various crimes within the framework of "crime as a service".
Specially designated persons at the police, customs and Säpo will be allowed to make decisions about most types of interventions. However, deletion decisions will be made by prosecutors.
Source: Investigator Gunnel Lindberg
