Covert PC Spies and Privacy
am 01.01.1970 von http://www.recht.us/amlawCK - Washington. Plans for covert PC inspections by means of government-sponsored virus programs or spyware do not comply with constitutional standards in Germany, the Supreme Court for Criminal Matters in Karlsruhe had determined in the matter StB 18/06 on January 31, 2007. Some government agencies still press for authorization of such methods because their reliance on §102 et al. of the Code of Criminal Prodedure failed. At the conference of data commissioners in Erfurt on March 8 and 9, 2007, the independent government watchdogs agreed on a resolution to oppose such practices and their implementation. The resolution has been published in German.Such activities would excessively intrude into protected privacy and violate privacy expectations. Covert spying by intelligence agencies would be particularly offensive because the law does not authorize such agencies to perform even overt reviews of computers by means of search and seizure rules. The positions now adopted carry considerable weight because the agencies are in charge of enforcing the German and European data protection statutes at the federal and state levels. Online spying would discredit the state, cause PC users to omit security-related downloads of updates and render PCs more susceptible to attacks by criminals. In view of such concerns, the officials appeal to federal and …
Police to Police PCs
German American Law Journal :: American Edition / CK - Washington. In its press release no. 82/2007, the Supreme Constitutional Court of Germany in Karlsruhe announces the hearing of October 10, 2007 in the matters 1 BvR 370/07 and 1 BvR 595/07 on the constitutionality of the governments use…
Spyware by Statute
German American Law Journal :: American Edition / CK - Washington. Proposals by Wolfgang Schäuble, the German Secretary of the Interior, to restate and expand the jurisdiction of the Federal Crime Agency, Bundeskriminalamt, and the Federal Police, Bundespolizei, trigger heated comments…
Discovery of Constitutional Right
German American Law Journal :: American Edition / GC - Washington. Germanys constitutional court in Karlsruhe ruled February 27, 2008 that authorizing online searches of personal computers is unconstitutional. The landmark ruling in cases BVerfG 1 BvR 370/07 and 1 BvR 595/07 came in response…
Docket Review v. Privacy
German American Law Journal :: American Edition / CK - Washington. Based on a pending trademark application, the applicant complained with a cease and desist demand of the improper use of the mark Moon by a third party, but later withdrew the application. In response, the target of the dema…
Access to Data at ISP
German American Law Journal :: American Edition / CK - Washington. Piercing the layers of personal data protection in Germany, and much of the European Union, depends on the statute that applies to the origin, type and location of data. Generally, the law of personal information is person-cen…
Federal Malware Ruling
German American Law Journal :: American Edition / CK - Washington. The federal malware ruling that makes the press today is published at the German Supreme Court web site for the matter StB 18/06, together with its press release 17/2007, both in German. In essence, the court ruled that secret…
» § 102 StPO
» Bundesgerichtshof
» Beschluss des 3. Strafsenats vom 31.1.2007 - StB 18/06 -
» Berliner, Corcoran&Rowe
» Law-Blog » Pressefreiheit, Maulkörbe und Persönlichkeitsrecht: Das neue Caroline von Hannover-Urteil des BGH
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