The decision of the Federal Scarf Court for the nullity of numerous standards of the disclosure of prosecution and intelligence services with "anyhin DA data" of Internet and telephone users was welcomed by many activists and part of Parliament. At the same time, many critics are helplessly to cynical whether of the government course towards more monitoring with steady increased cycling in legislation.
Ministry of Justice is explaining for "Clean"
In the Federal Ministry of Justice (BMJV), you do not get dissatisfied with the verdict. A spokesman of the Ministry shared on request by our site: "The Federal Scarf Court continued to concrete the requirements for inventory data information and initiated the rights of those affected," says the speaker.
You will now be carefully evaluated and "the complained regulations have to be corrected within the specified period". There is aware that in particular, "a series of regulations from the field of security abuses are affected, which are in the state of different resorts". Regulations in the field of criminal proceedings, for which the BMJV is stated, "were not explained for breach."The Ministry of Justice have implemented the corresponding requirements of the Federal Results Court from 2012 in § 100J StPO and is" Clean ".
Follow for other projects still unclear
After all, the spokesman for demand still states that, with regard to the extended inventory rules in the Law on the Carriage of Legal Extremism and Hassriminalitat, one may still have to work. "The evaluation of the judgment also includes the question of whether and to what extent that it results in projects, which even were not the subject of the decision, such as the law for evolving the right-wing extremism and the hate crime. This question will be discussed with the contiguous specialist departments, "explained the speakers.
In the Ministry of the Interior, which as a service of the various "customers" of inventory data information, according to the judicial department, the decision is "evaluated". The Spokesman of the Minister of the Interior continued to share, one would be awarded which the applicable standards are required for a catch-compliant design.
By the end of 2021, it has time for time, until then, one – but from the advanced rules under certain conditions – transition regulation. Further one and a half years is almost ‘business as usual’.
Privatized fundamental rights protection
"Statement makes the Federal Government new monitoring laws, always there are complaints, as relevant to behavior and monitoring are ignored. That procedures need 7 years in which a legally adverse law is applied is scandalos, "tweeted the left-hand member Anke Domscheit-Berg directly after the decision.
Domscheit-Berg is one of the almost 6000 burgers who had joined the 2012 action and together with the two pirate deputies Dr. Patrick Breyer and Katharina Nocun Karlsruhe called. "You need a long breath in the fight against the surveillance state, but despite the success it remains a hatchet, because static new monitoring laws come," says Dombesh mountain.
Gruner of Notz: "Government has not learned anything"
Deputy Chairman of the Grunen, Constantine of Notz, called the decision of the Karlsruher Richter "another dramatic defeat for the Federal Government, because it was re-established that the current state accessibility on personal data of mobile and internal law enforcement and terrorism the owners violate."
But also by Notz pointed out that the verdict is anything but one case. Rather, it is "only a further link in the chain of judicial defeats for the Federal Government."The government has nothing trained from the first judgment against the inventory information 2012 and ignore warnings of expert and experts consistently. By Notz, it called "particularly damnable" that there are always activists and activists from civil society, which would have to comprehse the fundamental rights before the beginning court – often volunteer and in their leisure ".
Expert Council not
Even one of the unconporated experts reported in the form of the Deputy Federal Representative for Data Protection. Jurgen H. Muller sees the line of his authority with today’s decision of the bondage ride on the inventory data information and made the unconfed position of data protection: "Not every misdemeanor may immediately lead to a query for telecommunications providers. The BFDI has pointed to the degree of urgency of this scheme for years."Especially at the information on IP addresses, the BFDI has always pointed out that the norm was far too far. This has now confirmed the Federal Canceling Court and ied a refusal to the volatimate inventory data.
Almost gladly sounds Mullers Pladoyer: "The legislator now has to take into account the right of burger in the new regulation of the Telecommunications Act."
Land victory and need for self-protection
Complainant Patrick Breyer sees itself together with the 6000 activists in the fact that government and parliament did not do their homework in 2012 and have asked for the impact threshold for IP addresses. At the same time, the verdict for Breyer but also a defeat in that regard, as he actually, as he says, "for the right to arouse anonymous telecommunications."
In the increasingly highly digitized society, he still hopes that the basic converter passes through that only the possibility of anonymous communication – in all risks – can be a safe society. The lawyer and Member of the European Parliament fears that the boundaries between existing, traffic and communication data in the network is heavily blurred. The belief that a strong state of security is concerned, will be just about the current scandals around the NSU 2.0 mails tanned.
He himself, so Breyer, uses the given possibilities for anonymous communication via non-personalized SIM cards and anonymization services like Tor. In a response to the extent court decision, the organization digital courage. Breyer emphasizes that he is guilty of such anonymous channels that, in the context of his deputies in the European Parliament with Brisant Information on him. "That sometimes risk your job," says Breyer.