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

Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
 
Instant Impact: GNU/Linux Skyrockets to 10% in China Days After Policy Changes
Let's see what the 'aftermath' looks like by year's end
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day
They Were Wrong All Along
Two women combined won't deliver a healthy baby in just 4.5 months
A "Tech Journalist" Would Not Cover Vote on LLMs as a Sex Issue
For a moment there you have to pause and wonder, is this a "Tech Journalist" or the Daily Stormer?
20,000 by Year's End
The "New Techrights" will have 20,000 pages by year's end
Last Night GNU/Linux Measured at 9% in Africa
Nighttimes in Africa are times when GNU/Linux usage on desktop/laptop devices typically surges, based on Clownflare [...] It changes in favour of GNU/Linux
Gemini Links 18/08/2026: Google Bait and Switch (Getting College People 'Hooked' on 'Cheap' Storage, Then Backups Gone), a "Question of E-mail"
Links for the day
Bluesky is in Trouble
Bluesky is a private company (unlike Bluesky Digital Assets Corp. in Toronto, that one runs a pyramid scheme!), so it's hard to know for sure just how much money it is losing
Links 18/08/2026: US Abandons South Korea, New Legal Disputes Over Slop Plagiarism in the Music Scene
Links for the day
Linux Losing Interest in Users' Freedom, Pursues DRM Instead
"Linux" is (or was, as GNU/Linux) meant to empower - not artificially restrict - the users
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day
Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026