Discovery of Constitutional Right
am 05.03.2008 von 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 to a case filed by former North-Rhine Interior Minister Gerhart Baum, three lawyers and a journalist. The ruling overturned a 2006 law adopted in the state of North Rhine-Westphalia giving intelligence agencies wide-ranging powers to hack into terror suspects computers using Trojan-type software. Justice Hans-Jürgen Papier wrote the voided law violated citizens constitutional right to privacy. Intelligence agencies will now only be permitted to collect data from computer hard drives if there is proof its use would protect human lives or if evidence shows state property is endangered. After securing permission, law enforcement agencies may upload spyware onto a suspects computer through email.
The establishment of a constitutional right to PC privacy initiates opportunity for a more in-depth look at Internet security surveillance and provides a basis for future …
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…
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…
Introducing Documents
German American Law Journal :: American Edition / CK - Washington. In criminal matters, courts may consider documents properly introduced into a trial even if they have not been read into the record but the Supreme Constitutional Court in Karlsruhe established some limits in its ruling of Ja…
Name sought for new basic right/Neues Grundrecht - Name gesucht
Transblawg / This week the Federal Constitutional Court announced its decision on the Federal Trojan (Bundestrojaner), the plan of the German Minister of the Interior to secretly inspect computers nationwide. This related specifically to legislation of North…
Inviolability of Law Offices
German American Law Journal :: American Edition / CK - Washington. Searches of, and seizures in, law offices require enhanced constitutional scrutiny, the German Constitutional Supreme Court in Karlsruhe decided. In its press release of May 29, 2008, the court emphasizes the general inviolab…
Phone, Fax, Cellphone Surveillance
German American Law Journal :: American Edition / CK - Washington. Counsels telephones, telefax and cellphones constitute a sanctuary where surveillance even on anti-terror grounds is disproportionate, the federal Constitutional Supreme Court in Karlsruhe ruled in the matter 2 BvR 2151/06 on…
German Federal Constitutional Court decision in English/Bundesverfassungsgericht Entscheidung auf Englisch
Transblawg / The decision of the Federal Constitutional Court of 14th October 2004, which was widely commented on in the press - it deals with how far German courts are obliged to enforce decisions of the European Court of Human Rights -...…
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