Mr. Iversen is one of the lawyers responsible for handling the Emmen v. Norway case. This is the first case in which SkyECC evidence was before the European Court of Human Rights. We welcome him as the newest member of @IntercrimeDA
1/4 We are pleased to announce that Vidar Lind Iversen, a Norwegian lawyer, has joined Intercrime Defence Alliance.
Mr. Iversen brings extensive expertise in international criminal defence, particularly in cases involving encrypted communication systems such as SkyECC. His addition significantly strengthens the international composition of our team. https://t.co/i7mayoVCgk
Announcement for Sky Oracle users!
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@Grensjager1 Sky Oracle — the first AI chat application built exclusively for cases involving encrypted communications: SkyECC, EncroChat, ANOM, PGP and similar platforms.
Built by our firm for everyone involved, interested in, or working on these cases.
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We are proud to officially launch Sky Oracle — the first AI chat application built exclusively for cases involving encrypted communications: SkyECC, EncroChat, ANOM, PGP and similar platforms.
Built by our firm for everyone involved, interested in, or working on these cases.
The importance of the Ennetcom ruling for all crypto/pgp cases (SkyECC/Encrochat)
In 2016/2017, Dutch authorities copied the Canadian Ennetcom server and gained access to millions of decrypted private messages from tens of thousands of users. In a 2022 @volkskrant interview (see attachment) by @vkmenno , prosecutor @MartijnEgberts1 defended this operation by claiming that Ennetcom was deliberately set up to serve criminals. He argued that the company sold expensive PGP phones almost exclusively to criminals, and that the investigation was a legitimate money-laundering probe against the company itself. The millions of messages were presented as justified “bycatch” because “almost all users were criminals.”
What the Court Actually Ruled
The Court of Appeal acquitted my clients Ennetcom, its director, and an employee of exact those core accusations that formed the basis for this massive data grab:
- Acquitted on money laundering.
The court found there was insufficient evidence that the company’s revenues came from criminal sources or that the company was knowingly laundering criminal money.
- Acquitted on the central part of the criminal
organisation charge.
The court ruled that it could not be established that Ennetcom operated as a criminal organisation with the aim of facilitating criminals. It was not proven that the company knew its customers were mainly criminals, nor that its business model was designed to help them commit or conceal crimes.
The court explicitly stated that offering secure and encrypted communication is not in itself a criminal activity. The main narrative used by the prosecutor in 2022 — that Ennetcom was a deliberate facilitator for the underworld which is exactly the same for the cases agains SkyECC and Encrochat— has been rejected.
Why This Ruling Is So Significant
The Ennetcom hack was the first major decryption operation of its kind in the Netherlands. It became the blueprint for later cases involving EncroChat, SkyECC and similar networks. The prosecutor's recurring justification has always been the same: these services were almost exclusively used by criminals, so bulk decryption and searching of millions of messages was necessary and proportionate.
The Court of Appeal has now made clear that this central assumption does not hold up — at least not for Ennetcom. If the company cannot be proven to have knowingly facilitated criminals, then the legal and ethical foundation for copying an entire foreign server containing millions of private communications becomes much weaker.
A Much-Needed Correction
For years, the prosecutor's presented the Ennetcom operation as a precise, targeted action against a company that was knowingly serving organised crime. The Court of Appeal has now ruled that the evidence does not support that picture. The core justification for one of the biggest privacy intrusions in recent Dutch legal history has been significantly weakened.
This ruling should lead to a broader and more critical discussion about the use of bulk decrypted data in criminal proceedings — not just in the Ennetcom-related cases, but in all the cases that followed the same model; SkyECC, Encrochat, Matrix etc..
Justice is not only about catching criminals. It is also about ensuring that the methods used respect fundamental rights and are based on facts that can actually be proven in court.
The Ennetcom judgment is an important step in that direction.
Ennetcom was the first crypto/PGP provider to be hacked and prosecuted by the public prosecutor’s office; the case and the approach taken have set the international standard for methods used in this type of operation and laid the groundwork for the argument that such companies are criminal facilitators and form part of criminal organizations. That narrative has now been debunked and will undermine the cases against Sky Global and Encrochat.
As the ruling has not been published yet, you must be part of the prosecution, as there is no other way to obtain information about the decision. Evidently, in your frustration, you cannot restrain yourself from providing incorrect information. The crux of this case was the involvement of a criminal organisation in facilitating criminal gangs and concealing evidence for them. For that, Ennetcom is fully acquitted.
🚨LIVE – The Court of appeal is delivering the judgment right now in the Ennetcom case:
The Court has AQUITTED! Ennetcom and its owner of participating in a criminal organization and money laundering. This is groundbreaking!
4/5 I am going to studying the full judgment carfully to assess its broader implications—for ongoing cases, for the use of such data as evidence, and for the future of privacy in communications. More detailed analysis to follow soon.
8/8
Credit where due: to Avv. Giuseppe Gervasi and Alessandro Bavaro member of @IntercrimeDA for pushing this through. These are not isolated victories. They are a pattern. The era of unexaminable crypto-evidence is ending — one courtroom at a time.
🚨BIG NEWS!
Defense access to original French data‼️
1/8 Another crack in the SkyECC wall. Italy's Corte di Cassazione has declared INADMISSIBLE the appeal of the Catanzaro DDA in the "Ostro-Amaranto" trial. For the first time, a defense may gain direct access to the RAW data held abroad — in France. A historic precedent. 🧵
7/8
This decision adds a crucial piece: access is not merely a theoretical right, but an enforceable one — even against a foreign authority. The reflex of "mutual trust, no questions asked" is giving way to genuine, effective judicial scrutiny. As it should.