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Yes! _IF_ this isn't immediately shot down, things will become interesting. The German officials can always hide behind police/antiterror investigations for da
by sentenza 13y ago
Yes! _IF_ this isn't immediately shot down, things will become interesting.
The German officials can always hide behind police/antiterror investigations for data they requested, HOWEVER: The collecting and storing of user data and metadata "verdachtsunabhängig", that is, without there being a investigation against the people whose data is being slurped specifically, is highly problematic under German law.
That is the vulnerable spot the CCC is trying to hit and I hope it works.
- chopin 13y agoI don't think they can hide behind antiterror investigations. Main allegation here is that foreign espionage has been facilitated (which is illegal) and that knowingly is nothing done against it (that's also illegal under the term "Strafvereitelung"). This is definitely somewhat different from surveillance allegations which indeed are more politically inclined and can be argued under antiterror investigations. If state authorities would knowingly support industrial espionage they can get a hard time if it is possible to collect hard evidence for it (I doubt that).
- eru 13y agoAnother somewhat interesting twist of the German legal system that might play a minor role here is the Legalitätsprinzip (https://de.wikipedia.org/wiki/Legalitätsprinzip https://de.wikipedia.org/wiki/Legalitätsprinzip).