[governance] Germany: New Basic Right to Privacy of Computer

[Ralf Bendrath]

Suresh Ramasubramanian schrieb:
> Covert searches have their place - but never, ever warrantless. I hope
> we agree on that. With sufficient oversight mechanism, and a warrant
> and proper procedures followed, yes, wiretaps are sometimes essential
> in police work.
Searching the whole hard drive is much more intrusive than tapping into a 
conversation, because it reveals a hell of alot more. That's why the court 
made itself tso clear.

>> blame it on the content industry which really got on
>> the ISP's nerves with gazillions of requests for logfile data.
> 
> DMCA requests? We have a short way with those here. Charge enough 
> compliance costs and let only genuine requests in due form filter
> through.
> 
> Sorry if I was not perfectly clear but my comments were in the context
> of requests from civil or criminal enforcement agencies, not from
> recording / software industry law firms. 
Yes, the content industry here has to go through the law enforcement 
agencies, because there is no legal way to get direct requests by private 
parties answered. Some attourneys are already so annoyed, too, that they 
have started to just dismiss these requests by saying "there is no public 
interest in investigating such minor copyright infringements".

> And in requests for assistance
> between ISPs to mitigate actual network security and abuse issues.
Ok, that's a different thing. I am not familiar with these types of 
requests, but I guess it's the same legal problem the content industry has.


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