
Defense Rights in Trojan Horse Interceptions: The Court of Cassation Affirms Access to Log Files and Its Implications for EncroChat and SkyECC Evidence
The Italian Court of Cassation, in cases of interceptions involving Trojan horses, recognizes the defense's right to information about "log files."
Log files are the records that document every operation performed by the interception device.
The only limitation on this right is that the defense's request must not be merely exploratory, but must be based on specific reasons and facts.
The impact of this ruling on the Encrochat and SkyEcc trials could be significant.
Currently, all requests for log files of interception operations carried out by France have been denied.
We will have to wait for these trials to be heard again by the Court of Cassation to determine whether this will result in the Encrochat and SkyEcc evidence being inadmissible due to a violation of the right to a fair hearing.