Bonum Certa Men Certa

Full Translation of Süddeutsche Zeitung Article About Blackhat Tactics (Keyloggers) in EPO (Updated)

See "Researchers link QWERTY keylogger code to NSA and Five Eye's Regin espionage malware"

NSA slide



Summary: The European Patent Office (EPO) finds itself at the centre of attention (unwanted attention) because of rogue activities

A FEW hours ago we wrote about the EPO's use of keyloggers, a practice so controversial (to say the least) that one can end up locked up in a cell for using it. Süddeutsche Zeitung, which wrote about the EPO before, is really putting some big pressure on the EPO right now (perhaps someone will resign soon). The German article has just been published by IP Kat in English. For our record we present it below:





The European Patent Office carried out secret surveillance on employees using keyloggers
€·         At the headquarters of the European Patent Office (EPO) two publicly accessible computers were fitted with cameras and surveillance technology during a period of several weeks.
€·         They were used in an internal procedure which involves a patent judge who is accused of having disseminated defamatory communications about the President of the EPO and other managers over a period of months.
€·         However, the action also affected many employees of the EPO, perhaps even members of the Administrative Council.


by Katja Riedel


The President of the European Patent Office (EPO) is set to travel to Brussels next week. There he will be received by the Legal Affairs Committee for "an exchange of views" according to the agenda. Benoît Battistelli is supposed to speak about the latest developments in patent law, the new patent courts and various other reforms.


There should be no lack of subjects for discussion in view of the ongoing state of crisis between Battistelli and many of the approximately 7,000 employees in Munich, Berlin, Vienna and The Hague. Since Battistelli initiated an extensive reform programme, which amongst other things has completely restructured the EPO’s career system, there have been vehement confrontations. Now a new and awkward subject has been added to the list: allegations of covert surveillance.

According to an internal document which the SZ has seen publicly accessible computers were placed under surveillance at the EPO towards the end of last year: by means of cameras and so-called keyloggers. This allows the recording of what the user types, which pages he accesses and how he communicates.

None of the users were aware that the devices had been installed

Some keyloggers are capable of taking snapshots of the screen. The camera records contemporaneously which person was operating the computer at the time in question. A particularly juicy detail here is that none of the users were aware that the devices had been installed - and the two computers which were equipped with these monitoring devices according to the confidential document of the internal investigation unit, were probably located on the first floor of the EPO headquarters at Erhardtstraße in Munich.

Namely, in a publicly accessible area, which was provided especially for the members of the Administrative Council - the highest authority in the European patent world - on which the representatives of the 38 member states sit. The visitors to the Patent Office who typically sojourn on the first floor also include patent attorneys. On Monday [8 June 2015] the EPO declined to comment on the internal document but did not contest its authenticity.

In the document drawn up by the Head of the EPO’s investigative unit and sent to the Data Protection Officer, the reason given for the surveillance measures was a defamation campaign against the President and other managers of the Office.

In fact, since the beginning of 2013, letters accusing Benoît Battistelli, and also his Croatian Vice President Zeljko Topic, of numerous misdeeds have been circulating. There were strong indications that these letters had been sent from the two computers in question to which not only every registered visitor but also every employee of the EPO could log in via a common password. Therefore, according to the internal communication, it was not possible to identify and monitor an individual user.

Covert surveillance of the terminals in question

Apparently the internal investigators had come across IP addresses that they could assign to both of the public computers. For this reason, according to their conclusion, there was no other option but to place the two machines in question under covert surveillance. If during the agreed six-week time window between 7th November and 18th December no further defamatory material was sent, neither the pictures nor the data would be analysed, it was stated. Until then, the information that was monitored would only be available to the members of the internal investigation unit and the IT technicians.

The matter is also particularly sensitive because during the period in which the surveillance was being carried out the 142th Meeting of the Administrative Council also took place in the building, namely on 10. and 11. December 2014.  In addition, the Budget and Finance Committee also met during the period in question.
The computers are apparently located near the room where the Council meets. Whether this body and the Office Administration, i.e. Battistelli, was involved in the procedure is unclear. This is not apparent from the document. This only includes handwritten notes of two of the signatories but the signatures are missing.

Even insiders expressed reservations

In fact not only was material sent, but also a suspected letter-writer was caught - hence the data were also analysed. A member of the Boards of Appeal of the Office, a patent judge, was apparently caught in the act and Battistelli immediately subjected him to a “house ban”. This was equal to a suspension and consequently a legally impermissible interference with the independence of that department [i.e. the Boards of Appeal], which was retroactively rubber-stamped by the Administrative Council.

However, the tide of indignation ran high. Off the record even insiders expressed their reservations about Battistelli’s actions. Politicians from individual member states and patent attorneys expressed their outrage in public and even spoke of violations of fundamental rights.

The EPO declined to comment on the sensitive document citing a pending procedure as its reason. The Administrative Council is due to decide on possible disciplinary action at one of its forthcoming meetings.



Merpel added: "This flagrant invasion of privacy comes in the wake of evidence that Mr. Battistelli has engaged a firm specialising in counter-surveillance and threat monitoring. Not because of any imminent terror threat, mind you: all this came about originally because it was suspected that an employee was circulating material alleged to be defamatory. One cannot help thinking in terms of the old cliche about using a sledgehammer to crack a mouse."

"Merpel, who has grown rather tired of appealing to the Administrative Council members to hold the EPO management to the same governance standards as would be required in their own national Patent Offices and civil services, wonders if this latest news will convince some of those on the fence that a more robust approach is required when they next attend an AC meeting at the EPO."

Our own remarks on it can be found in our prior article about it.

Update (15/6/2015): There are now more translations, including in additional languages, namely French and Dutch [PDF].

Recent Techrights' Posts

Gnome Foundation Inc is in Trouble
the agenda is set GAFAM and IBM rather than donors
SLAPP Censorship - Part 22 Out of 200: When You Complain People Impersonate You in IRC (But You Yourself Impersonate People in IRC and Lock Them Out of Their IRC Handles)
We'll cover this with direct evidence some time soon
 
Fedora Maintainer-ship Using Slop (Mistakes) Would Make Fedora Less Reliable
It won't produce reliable code or stable systems one can rely upon
IBM's "Legacy Employees" (Experienced Workers, IBM Management Dubs Them 'Dinobabies')
This notion of "legacy employees" seems like something overlapping with "expensive" (well paid) staff, even if not entirely equivalent
EPO's "Current Industrial Actions Are Likely to Intensify Further."
There is another strike in 5 days
This Morning The Register MS Published Slop Promotion With the Term "AI" 15 Times In It. The Register MS Was (As Usual) Paid to Do This
This is not a serious publisher
SLAPP Censorship - Part 23 Out of 200: We Were Right All Along (for 2 Years) About Third Party Funding and Willingness to 'Break the Bank' in Pursuit of "Revenge"
How much damage can a person do to oneself in pursuit of cover-up of legitimate technical concerns?
Links 25/03/2026: Airports Further Militarised, "Slopification and Its Discontents", Microsoft 'Open' 'Hey Hi' Shutting Things Down
Links for the day
Gemini Links 25/03/2026: Blogging Fright and Absolutely Useless 'Apps' Made by Slop Machines
Links for the day
Rise in Energy Prices Will Significantly Accelerate the Death of So-called "AI Companies"
It should be noted that fake news about Microsoft OpenAI doubling workforce (mere words, not actions) can serve as a nice distraction from the death of Sora due to divestment
It's Always a Question of Trust
There's a widespread stigma of lawyers being manipulative and chronically dishonest
Solicitors Regulation Authority (SRA) Must More Carefully Investigate or Assess the Financial State of Law Firms in the UK
We'll cover this in depth in the future
GAFAM Mozilla Removes Theora Support, Now GNU Needs to Re-encode Videos
Mozilla used to mean something to Free software advocates
An Open Admission Profits Depend on Addiction
Proprietary software tends to be like this
IBM Americas President Ayman Antoun Comes to OpenText, Weeks Ahead the Mass Layoffs Begin
Is that what IBM will be good at?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 24, 2026
IRC logs for Tuesday, March 24, 2026
Gemini Links 24/03/2026: Junk Drawer Time Capsule and Building Outside Alire
Links for the day
Not Much LLM Slop About "Linux" Lately, It Only Ever Comes From the Same Few Sites
As long as only few such sites use LLM slop we can skip and avoid them
Links 24/03/2026: "Epic Lays Off Over 1000 Employees" and US in Financial Trouble According to the Fed
Links for the day
The "Media" Does Not Only 'Miss' Mass Layoffs
"The Treasury just declared the U.S. insolvent. The media missed it"
The Empty Suits of IBM Managers (NIH or "Nothing Invented Here")
IBM's management adopted the business model of parasites
2012: 'Secure' (Microsoft-Controlled) Boot Has Not (Yet) Been Made Obligatory. 2026: systemd Has Not Implemented Age Verification
should we stop calling "nazi" everyone we don't agree with?
More Threats (Including Physical Threats) Against Us Are a Dumb Move
It's like a "hit list" (targets list) and I shall keep the police duly informed
New Example of Pentagon in "Feminist" Clothing Inside Fake News of Publishers Paid to Promote Outsourcing to US ("Clown Computing") and American Slop
Google now pays money to promote Google as a friend of women
Hating Techrights is a Career
but is it good for civil society?
Dr. Stallman’s Work Will Never be Considered 'Mainstream' Because He Rejects and Works Against the So-called 'Mainstream'
Try to be more like Stallman
The New Layoffs: 'Silent Layoffs', 'Secret Layoffs', 'Quiet Layoffs', 'Passive Layoffs' 'Stealth Layoffs', and Unannounced Layoffs Disguised as Return-to-Office (RTO Mandates)
The US needs to revisit and fix the WARN Act
EPO "Cocaine Communication Manager" - Part IX - Cocaine Addicts in Charge of the EPO Attacking Families of EPO Staff
Things like being high-profile and being a serious drug addict aren't opposites
What Feminism in Science Means (Codes of Conduct Don't Tackle the Real Issues)
Universality matters, more so in a project or community that's said to build the "universal operating system" (Debian)
SLAPP Censorship - Part 21 Out of 200: It's About Behaviour Online, Not How Much Money From Shadowy Third Parties Gets Spent on Lawyers and Two Barristers
75+ KG of legal papers, 2 cases, 2 barristers (one hiding in the metadata) and maybe two law firms (also hiding in the metadata) against two modest people in Manchester seems disproportionate and vindicative
Links 24/03/2026: "Airports on ICE" and "Have You Paid Your “Intuit Tax”?"
Links for the day
Gemini Links 24/03/2026: Slop Interview and Why Slop Makes Lousy Code
Links for the day
Richard Stallman to Give Public Talk This Thursday at the University of Bologna (Italy)
Hardly the first time he speaks in Bologna
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 23, 2026
IRC logs for Monday, March 23, 2026
Gemini Links 23/03/2026: "Mandatory" Bad Things and Dangers of Perfection Aspirations
Links for the day
SLAPP Censorship - Part 20 Out of 200: All Roads Lead to Rome and to GAFAM Funding
Now about 10% into this series
Last Week's EPO Strike Was the Biggest (Highest Participation Rate), Hours Ago General Assembly Discussed Next (Growing) Intensity of Strikes
Well done and well attended
Mass Layoffs at HashiCorp, IBM Hid Them
The media did not mention those layoffs
Microsoft Downgraded on Concerns (Lack of Growth) Amid Silent Layoffs in 2026
The press isn't functioning anymore
Links 23/03/2026: Gulf Water at Risk, Heatwave in Malaysia
Links for the day
Slop Means False, New Article by Cybershow
"We are living in a world that is rapidly divesting from reality."
Debianism election 2026 community poll created, everybody can vote
Reprinted with permission from Daniel Pocock
Links 23/03/2026: "Shocking Peter Thiel Antichrist Lectures", Robert Mueller Remembered
Links for the day
The Scandal Bigger Than IBM/Red Hat Layoffs is the de Facto "Media Blackout" About Those Layoffs
So we have a media crisis, aside from the economic crises
Gemini Links 23/03/2026: Geminispace/Elpher Enhancement and the Cerberus Cinco
Links for the day
Fear is Not a Legitimate Factor
Smart people know that trying to prevent moral people from doing the "Right Thing" will backfire
Fuel Autonomy and What It Teaches Us About Software Autonomy (or Software Freedom)
Need we wait until a "software Pearl Harbor" or protect ourselves proactively by weaning ourselves off of GAFAMware?
Scheduled Maintenance This Coming Wednesday
Other than that, all is the same and we carry on as usual
Most Press Articles About IBM Are LLM Slop, Sometimes With Slop Images
IBM basically laid off almost 1,000 people last week [...] At the moment about 75% of the 'articles' we see about IBM (in recent days) are some kind of slop
Links 23/03/2026: Security Breaches, Energy Shortages, Another SRA Scandal, and Patents on Nature
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 22, 2026
IRC logs for Sunday, March 22, 2026