RSSGerman high court conditionally approves government data spying
By Tim Conneally | Published February 27, 2008, 1:37 PM
Germany's Constitutional Court has determined that any data stored or exchanged on PCs is private and protected by the country's constitution -- just not if you're a suspect.
The court determined that data collection directly encroaches on citizens' rights, but that authorities will be allowed to spy on suspicious individuals with high court approval.
The issue of government-sponsored computer surveillance in Germany arose after a foiled terror attack in September 2007. Thwarting the plot took major resources, reported the New York Times, with an estimated 300 officers working full-time on the case.
After this, federal interior minister Wolfgang Schäuble made his beliefs known that the German antiterror network needed re-organization. Schäuble was a major proponent of several controversial techniques, which included using Trojan Horse-style viruses to infiltrate terror suspects' computers.
But these suggestions were met with criticism over their violation of privacy.
However, leaked documents publicized that other ministers were quite interested in adopting similar methods. Bavarian Minister Joachim Hermann intended to enhance police data surveillance, which included use of a virus-like Skype eavesdropping client.
Though the ruling is based upon a law in the state of North Rhine-Westphalia, Judge Hans-Juergen Papier said it will set a national precedent.
I wonder if they'll utilize the American technology for this.
iPhone a Trojan Horse For Government Surveillance?
http://www.prisonplanet....7iphonesurveillance.htm
FBI records audio from cell phone when phone is off
http://www.youtube.com/watch?v=Jb6UCKTXL9Y
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|This article is missing the most important apsects of the court ruling: it will only be allowed IF the "paramount important objects of legal protection are endangered", e.g. if a persons life or the continuance of the state itself is endangered.
Very far away from spying on every simple suspect.
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|That is what they say now, but these things always become more and more widely abused and in the end these cases will be simply "rubber stamped". You might not believe me now but let's watch and see, time will show us the truth. I am just basing my observations on human history.
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|Well, in terms of human history, I find this article to be way more dangerous currently. This way of interpreting the ruling as a generic spying accreditation is just widening the drift between Europe and the States a lot. US readers will think that Germany is indeed re-introducing Gestapo or Stasi. THAT kind of journalism (happening on the European side as well of course) is probably doing more harm in the end than the actual ruling.
You might even be right that jurisdiction is trying to intrude more and more into private things, but this ruling was the exact opposite. It cut down a previously passed NRW law that was trying to allow much more spying to the most essential core only.
If Tim Conneally had critized the original law, which indeed was something that would've spread more and more, that would've been quite fine, and I would wholeheartedly agree with you. But reporting about a ruling that actually withdrew a law that was intruding to much as a ruling that would have allowed it is much more an example of how bad press can twist things to look exactly the other way round. An example of how manipulation of the press can be the cause of many of the bad things in human history you mentioned.
To repeat: I fully agree that there are policitians, lobbies &c. that are trying to abuse laws. I was pretty sure that the law this verdict was against (where the author implies that it was ruling in its favor) would've been a farce and would've, in a few years, allowed a lot. But this verdict, much to my own surprise, was a full hit into the face of those supporting this law, since it's real point was not was not to allow things, but to strictly forbid all other things.
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|Morg, I appreciate that you take me to task for "spinning" this story a certain way, and I encourage all of our readers to look further into everything we write.
By following the internal links in our stories, you may go back and see the development of our articles. Disclosure: I studied German Language, history, and culture for 12 years, and translated much of the information myself, and I was in no way attempting to suggest a resurgence of Stasi-ism or defame Germany.
The fact remains, setting beliefs and politics aside (i.e. no matter who championed or opposed this ruling,) that spying ===conditional though it may be== is still allowed.
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|Thanks for the detailed info Morg!
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|I fully agree with morg, you're twisting the court ruling into something bad where it is exactly the opposite. Why do you think the EFF is praising it as "new digital/basic right"?!
http://www.eff.org/deepl...08/02/new-digital-right
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|Open society meets the Gestapo...
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