Inventory data: federal police and customs should access passwords

Inventory data: Federal police and customs should access passwords

In mid-july, the federal scarf court (bverfg) had assessed that state access to inventory data such as name, address and e-mail addresses must be limited by users. The federal ministry of the interior (bmi) has now submitted a speaker draft. However, it does not only intend to concretize the transmission rules for the service providers and the retrieval provisions for safety authorities, but also expand powers in particular of the federal police and of customs assists.

Exposed inventory data information

The project is considered expressive, because due to the announcement from karlsruhe also the controversial bill to the "combation of right-wing extremism and hate criminalitat" lies on ice. Federal president frank-walter steinmeier (spd) refused at the beginning of october, to sign the initiative adopted by the bundestag in june. The karlsruher richter had judged that "a sufficiently precise boundary of the intended use" of inventory data should be true.

According to the "anti-hate law" suppliers of telemedia services like whatsapp, ebay, facebook, google with gmail and youtube, tinder co. Sensitive data from suspects such as ip addresses and – usually clasps stored – passwords artwork to safety authorities. The legislator wants to extend the possibilities for inventory data information.

Even federal police and customs criminal office receive access

In particular, the federal criminal police office (bka) – in principle but also other law enforcement agencies and intelligence services – were thus able to identify identifiers with which access to user accounts, end-of-room devices, and spin-separated storage devices, for example, in the cloud, for example of social media, chat services, gaming queries apps, search engines, shops and private pages in the web, webmail services, podcasts and flirt communities.

The bmi wants this wide access to inventory data via the our site present design for the "repair law" now also open the federal police and the customs criminal police office and the customs journal. Their investigators were allowed to raise the coveted information so far only for telecommunications providers, with operators of telemedia missing one "explicit empowerment standard". This luck will be now "with simultaneous adjustment to the specifications of the federal scarf court by the neufang closed".

"Conspirative organization of crimes" via internet

To the articles affected companies paid "in particular, internet in-house or exchange bores, providers of videos on call or search engines on the internet", greet the interior resort this start. Communication increasingly shifts into social networks and internet forums, where a variety of members of a group are informed simultaneously. This possibility is also used, "criminal offenses in advance to organize and direct".

In addition, in the state area of the federal police about "appointments on the internet to violence against railway staff or strike in the area of bahnhofen or airport", the bmi leads out. With the funds available so far the funds are available "an adequate reaction to crimes prepared in this way is not possible". The "growing importance of this service provider in the declaration of ies for danger defense as well as the hazard and persecution of criminal offenses" must therefore also be reflected in the instruments of the federal police. This applies analogously to customs.

Currens of the federal scarf court

To comply with karlsruhe, the federal police should require a request for inventory data only in order to defend a danger for the public security or order or an imminent threat for a legal property of considerable or particularly severe weight in individual cases. Further condition is that "facts concludes the conclusion on a at least one kind of concretized and temporally foreseeable events".

Overall, the bmi wants to adapt to the draft powers of the service provider for the transfer of inventory data according to the telecommunications act (tkg) and the telemedia act (tmg). In parallel, the corresponds should call collectives after the "double tower law" also for the bka and all three intelligence services. The reform of the state police laws is the responsibility of the lander.

"The remedy and elevation purposes are regulated according to the constitutional offer accordingly", write the ministry in a companion letter. In addition, the transfer of the data to the bka and customs criminal police office in its central office function as a hub for other law enforcement keeps.

Reliability and documentation obligation

Following the principle of relevance, the intervention requirements were graded, it is called by the bmi: "the further the power expansion in advance of a specific risk is allowed, the more important legal property or the heavier the criminal offense must be." furthermore, previously practiced, but statutory documentation obligations have been specified by law.

"Concrete probability" as a sufficient suspicion

In individual laws for the federal security authorities, the ministry wants to clarify that "the information only requires" thirst, "if the legal requirements are available for use of the data". However, the competences are still quite far enough.

The bka, for example, should also query inventory data? "Request for information from a foreign law enforcement resistance under the police service" to do. The authority also applies if "the concrete danger exists that a person at the commission" a serious offense "will be involved". The suspicion can also be done by one "concrete probability" be justified. The federal office for future protection should also "access security information" like pin and puk no longer only with telcos, but – new – also ask for telemedia services.

Password edition remains unnecessary

The wide clause provided for in the anti-hate law for the publication of passwords can remain unnecessary according to the reasoning. You correspond to the bverfg requirements. Lawyers see the obligation to disclose criminal relevant content including ip addresses and port numbers through facebook co. To the bka as critical, as these are first referring to pure suspicion trap. Grunen call for a two-stage procedure here. The bmi has not picked up this approach.

Until tuesday and so a total of only a week have to comment time to comment simultaneously with the other resorts aiming draft. In the record pace, the project should be made before christmas by the bundestag and the federal council. Non-durable provisions from the stopped anti-hate law are repealed to the plan, the overargested striking articles "re-introduced".

Grunen faction vice constantine of notz holds it for doubtful whether the process can be pulled through. That the proposed law meets highly decorative specifications this time is questionable. In any case, the bka with the obligation to register by operators of social networks "denial-of service attack" to. The whole procedure of the federal government has the potential, "to complicate the important fight against right-wing extremism and punishable community expenses on the internet".

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