Data and Idea Flows
am 12.01.2007 von German American Law Journal :: American Edition
CK - Washington. While data protection is pretty much settled in Germany and rarely raises to the level of concern that, for instance, phishing and lost laptops cause in the United States, the prosecutorial side of ideas to address data flows raises eyebrows. Project Mikado involves a wholesale search of credit card records that a Halle D.A. imposed on credit card companies.
They complied, some 300 transactions involving a payee in the Philippines were found, and the country is in uproar over its privacy rights. Bloggers are filing criminal complaints against the D.A. with the Halle district court. They rely on press reports according to which the D.A. failed to obtain a warrant. In addition, they consider a search of 20 million accounts illegal on its face. The Halle court ordered the D.A. to show cause.
Meanwhile, Arne Trautmann proposes in his law-Blog a nifty solution to the criminal problems that could result from the shared use of wireless networks. On July 26, 2006, a Hamburg court had come up with the daft finding, docket number 308 O 407 / 06, that an open WIFI network should render its owner liable for whatever data flow through it, illegal content included. Trautmann offers more than ideas. On January 19, 2007, he published a draft contract, principally addressing the use of …
German Fear of Anonymity
German American Law Journal :: American Edition / CK - Washington. Another nail in the wireless Internet coffin. By summary order, the Düsseldorf appellate court announced that WiFi users should install password protection and encryption in order to insulate themselves from contributory…
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…
Phone Customer Data
German American Law Journal :: American Edition / CS - Bonn On August 18, 2004, the Thuringia Court of Appeals in case number 2 U 1038/03 upheld a lower court decision to confirm that telephone companies must keep confidential customer data secret if so demanded. The court held that the publi…
ECJ Annuls EU-US Data Sharing Agreement
Law & Justice / The European Court of Justice has annulled an EU-US agreement on EU handovers of air passenger data to US security agencies, and dismissed the European Commissions assurance that Washington could provide necessary privacy protection for such data.…
Mouse Roars, Stops Comments
German American Law Journal :: American Edition / CK - Washington. In the scheme of Germany justice, the Hamburg District Court is an insignificant court of first instance except that its 24th division, the press chamber, acquired notoriety under its chief judge Buske. Buske is well-known an…
Covert PC Spies and Privacy
German American Law Journal :: American Edition / CK - 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 matt…
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