The question is if the police were allowed to do this. First, Weski compares the confiscating of the server with casting a dragnet over a communications network. According to Weski, a great deal of communications of unsuspected persons has been unjustly gathered. She claims Ennetcom offered a perfectly legal service that, although it might also have been used by criminals, was used by companies, governments and innocent citizens. Therefore, the server should never have been confiscated in this manner. A striking detail is that, according to Weski, the PGP-keys were not on the server at all, but they were stored by another company. If that turns out to be true, that might change the case significantly.
In addition, Weski believes the Hansken forensic search engine used in the investigation is, in itself, an “extralegal” investigation tool that should not have been used – extralegal meaning that there is no definition of such investigation tool in law. There are occasions when the use of an extralegal tool is allowed, for example, if there is no major violation of the rights of a suspect, and if the use does not pose a risk for the integrity and manageability of the investigation. However, Weski believes Hansken does not meet these requirements.
Weski wanted the trial stopped due to grave errors and problems in the investigation, and asked for the case to be ruled inadmissible. The police obviously disagree, as does the Public Prosecution Service. The judge ruled that the trial can continue.