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Google Translate of the German court text quoted in the blog post: The challenged search and seizure orders and confiscation orders of the district court of Mu
by nmcfarl 8y ago
Google Translate of the German court text quoted in the blog post:
The challenged search and seizure orders and confiscation orders of the district court of Munich were unlawful. As far as they were still valid, they were therefore to be lifted. Moreover, their illegality was ascertained. The applications for surrender of the confiscated objects were also to be granted in this respect. The measures can no longer be considered covered by the Code of Criminal Procedure.
The investigating authorities are right to bring proceedings against the persons responsible for the calls made on the websites cited. However, the assumption made by the investigating authorities that evidence can be found during the search of the data subjects or on the confiscated data carriers is not justified in the known circumstances. There is no sufficient probability of finding relevant data. There is no evidence that those affected, their association onion friends e.V. or the grouping "Riseup Networks" belong only to the environment of unknown offenders. It is also not immediately apparent that they can find information on the perpetrator environment or the perpetrators. The only connection point is the fact that the unknown perpetrators had set up an e-mail account at "Riseup Networks". However, "Riseup Networks" offers (as intended) anonymized Internet services. The account can be set up anonymously (on recommendation). E-mail traffic via the configured account is encrypted. Therefore, there is very little chance of getting information about the perpetrators and acts via "Riseup Networks" and its database. In addition, there is the additional factor that according to the information available so far, those concerned with their association "Zwiebelfreunde e.V." can not be equated with "Riseup Networks". The link exists, as far as can be seen, only in the support of the network by collecting donations
- atVelocet 8y agoI think the translation from deepl.com is a bit better: "The challenged search and seizure orders and seizure confirmation orders of the Munich District Court were illegal. If they still existed, they were therefore to be repealed. Moreover, their unlawfulness could be established. The requests for surrender of the confiscated items were also to be granted in this respect. The measures can no longer be regarded as covered by the Code of Criminal Procedure. The investigating authorities are right to take legal action against those responsible for the calls on the websites cited. However, in the known circumstances, it is not justified for the investigating authorities to assume that evidence for these proceedings can be found during the search of the persons concerned or on the confiscated data carriers. There is insufficient probability of finding relevant data. There is no evidence that those affected, their association Zwiebelfreunde e.V. or the grouping "Riseup Networks" belong even to the environment of the unknown perpetrators. It is also not immediately apparent that they contain information on the perpetrators' environment or perpetrators. The only connection point is the fact that the unknown perpetrators had set up an e-mail account at "Riseup Networks". "However, "Riseup Networks" offers (as intended) anonymized Internet services. The account can be set up anonymously (on recommendation). E-mail traffic via the configured account is encrypted. Therefore, there is very little probability of obtaining information about the perpetrators and crimes via "Riseup Networks" and its database. In addition, according to the information available to date, those affected with their association "Zwiebelfreunde e.V." cannot be equated with "Riseup Networks". The only connection, as far as is evident, is to support the network by collecting donations." Translated with www.DeepL.com/Translator