. 24/7 Space News .
Analysis: Germany stops Big Brother law

disclaimer: image is for illustration purposes only
by Stefan Nicola
Berlin (UPI) Mar 03, 2008
The decision by Germany's highest court Wednesday to annul a controversial state law allowing secret computer searches for security and anti-terror investigations rightfully puts civil rights above security interests, experts say.

If you are living in Germany, police will have a tougher time secretly invading your computer. Judges of the Federal Constitutional Court in Karlsruhe, Germany's highest court, had voided a security law in the state of North Rhine-Westphalia that had allowed the use of computer spy software, arguing that it did not adequately uphold the basic rights of those individuals under investigation.

Intelligence agencies will now only be able to collect data secretly from suspects' computer hard drives if they have evidence that "legally protected interests," like human lives or state property, are in jeopardy, the court said. They also must get permission from a judge before they upload Trojan horse spyware onto a suspect's computer. The court also forbade the collection of a suspect's personal data.

German Interior Minister Wolfgang Schaeuble, who over the past years has repeatedly called for better means to combat terrorism, had supported the controversial law, thus clashing with data protection officials and Justice Minister Brigitte Zypries, who had called it a "significant breach of the basic rights" of every citizen.

Schaeuble, however, tried to portray himself as the winner in the whole story, noting that the court had not made online searches illegal.

"Online searches, in a limited number of cases, are legal to defend against great threats," he said Wednesday in response to the verdict, adding that modern technologies still had a future in fighting terrorism. "In order to be able to protect citizens, the security authorities have to keep up with the technological developments of the offenders by using modern IT technology and professionally encoded communication."

Schaeuble, who has the backing of German Chancellor Angela Merkel, said Berlin will now draft a bill that -- in accordance with the court's decision -- would enlarge the powers of its federal security agencies when it comes to online searches.

Officials applauded the court's decision to annul the state law, with Peter Schaar, the country's data protection official, saying it was the most important ruling in 25 years and strengthening citizens' basic rights.

The state law, legal for just over a year, had allowed security officials to monitor private e-mails, Internet telephony and chats, as well as storing hard drive data, including images and word documents. Schaeuble had wanted a similar law for his federal agencies but will now have to change his plans.

Schaeuble has in the past come under fire for advocating tougher anti-terror measures, such as "targeted killing" of terror suspects and a ban on the use of the Internet and cell phones by suspect foreigners living in Germany.

One of the most conservative, but also one of the most senior members, some of Schaeuble's security plans have made it into law -- with Merkel's backing.

After a foiled train bombing in western Germany, Schaeuble managed to push through the anti-terror file, a database that includes wide-ranging details on a terror suspect, such as the person's religious affiliation, profession, travel data, bank and telecommunications history, and possible contact persons. The idea for a central anti-terror database was first raised by Schaeuble in 2002 but failed at the time because of privacy concerns. However, with Merkel's backing and due to widespread public concern over the foiled train bombings, it was approved in late 2006 and officially went into effect in early 2007.

The country's highest court has a tradition of stopping all-too-quick security laws, with several annuls directed at laws that were rushed through in the days and weeks after the terror attacks of Sept. 11, 2001, including a law that had allowed to shoot down passenger planes in case of an attack.

Community
Email This Article
Comment On This Article

Related Links
Cyberwar - Internet Security News - Systems and Policy Issues



Memory Foam Mattress Review
Newsletters :: SpaceDaily :: SpaceWar :: TerraDaily :: Energy Daily
XML Feeds :: Space News :: Earth News :: War News :: Solar Energy News


Analysis: How Pakistan crashed YouTube
Washington (UPI) Feb 26, 2008
Pakistani authorities' efforts to block access to the video-sharing Web site YouTube from Internet addresses in their own country effectively shut down the site altogether at the weekend, disrupting access to it by would-be visitors from all over the world.







  • Jules Verne ATV Atop Launcher
  • Killer Electrons Surf Celestial Tsunamis
  • NASA adds technologies Web feature
  • View From The Top At The Vehicle Assemby Building

  • Mars Express One Of Three Orbiters Preparing For Phoenix Landing
  • Opportunity Proceeds With Caution On Sandy Slopes
  • How The Atmospheres Of Mars And Venus Are Affected By Carbon Monoxide
  • The Next-Best Thing To Being On Mars

  • Arianespace Prepares For Its First Two Ariane 5 Missions Of 2008
  • Russia's Proton-M To Orbit Another UAE Telecoms Satellite
  • ILS Proton To Launch S2M Satellite For Mobile TV Service In Middle East And North Africa
  • Interorbital Systems Taps Destiny Space To Book Space Tourism And Satellite Launches

  • Falcon Investigates Pollution From The Dakar Metropolis Into Desert Dust Layers
  • NASA Extends Mission For Ball Aerospace-Built ICESat
  • CIRA Scientist Among Authors Of Book Celebrating 50 Years Of Earth Observations From Space
  • Indonesia To Develop New EO Satellite

  • New Horizons Crosses 9 AU
  • ASU Research Solves Solar System Quandary
  • Happy Second Birthday New Horizons
  • The PI's Perspective: Autumn 2007: Onward to the Kuiper Belt

  • US Experiment Takes The Lead In The Competitive Race To Find Dark Matter
  • NASA's Swift Satellite Images A Galaxy Ablaze With Starbirth
  • Crystal Bells Stay Silent As Physicists Look For Dark Matter
  • Powerful Explosions Suggest Neutron Star Missing Link

  • NASA shows off a moon robot
  • Northrop Grumman Integrating LCROSS Instruments
  • NASA Views Landing Site Through Eyes Of Future Moon Crew
  • NASA's Newest Concept Vehicles Take Off-Roading Out of This World

  • Hi-G-Tek And INTA Provide Wireless Trade Lane Security Solution For Lithuania
  • Boeing GPS Ground Control System Keeps Navigation Satellites Operational
  • Vodafone UK Sat Nav Powered By Telmap
  • Quest Global Selects TransCore's GlobalWave Trailer Tracking And Monitoring System

  • The content herein, unless otherwise known to be public domain, are Copyright 1995-2007 - SpaceDaily.AFP and UPI Wire Stories are copyright Agence France-Presse and United Press International. ESA Portal Reports are copyright European Space Agency. All NASA sourced material is public domain. Additional copyrights may apply in whole or part to other bona fide parties. Advertising does not imply endorsement,agreement or approval of any opinions, statements or information provided by SpaceDaily on any Web page published or hosted by SpaceDaily. Privacy Statement