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Privacy The Courts Your Rights Online

German Intelligence Can No Longer Freely Spy on the World's Internet Traffic, Top Court Rules (fortune.com) 50

In the world of online spying, great power lies with those who can get their hands on the data flowing through the world's Internet infrastructure. So the fact that Germany is home to one of the world's biggest Internet exchange points -- where data crosses between the networks that make up the Internet -- has given a lot of power to the country's equivalent of the U.S. National Security Agency. From a report: The Bundesnachrichtendienst, or BND, gets to freely sift through all the foreign traffic passing through that exchange junction in search of nuggets that can be shared with overseas partners such as the NSA. But now, that power is in jeopardy, thanks to a Tuesday ruling from Germany's constitutional court. The case was brought about by journalists who report on human rights in conflict zones, and don't want German spies potentially identifying their sources there and sharing that information with other countries.

Germany's Federal Constitutional Court ruled that foreigners also benefit from privacy protections under Germany's constitution, so the surveillance conducted on them by Germany's spy agency needs to respect their rights. The legislation in question, which was introduced in 2016, does nothing of the sort. Indeed, those rules trample over foreigners' rights in a variety of ways, the court said: they allow mass surveillance rather than targeted surveillance; there's not enough oversight of the spying; there are no protections for journalists and lawyers, as there should be; and there aren't enough restrictions or safeguards when it comes to sharing the information with the likes of the NSA.

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German Intelligence Can No Longer Freely Spy on the World's Internet Traffic, Top Court Rules

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  • by gweihir ( 88907 ) on Tuesday May 19, 2020 @02:59PM (#60079442)

    Nobody? Figures. The worst criminals can not only walk away from it, they even get a grace period to continue doing their crimes. Despicable.

    • The German justice system is pretty fucked. It's run by the government and not independent. Even the EU came to that conclusion when they ruled German international arrest warrants are void. For example the German constitutional court/supreme court just got a new chief justice who just happens to be a controversial high-ranking member of the party in power.
  • Three days later a covert national agency of your country is asked it if can help. If the cell/network providers and governments are all restricted by law from collecting metadata for well-meaning privacy protection purposes, then there isn't going to be anything this agency can do. You can't wish after-the-fact that you could find what happened to your child's cell phone or the phones of nearby persons if no one is allowed to have the data in the first place.

    It makes much more sense to consider data t

    • You're only divesting your responsibility and seeking to replace it with a higher power. This is foolish. If you aren't mindful enough to collect data on your child's location and ensure their well-being ahead of time, you are irresponsible and a fool. What about Schrodinger's catfood? Who feeds Schrodinger's cat? That's Schrodinger's responsibility or lack thereof.
    • Your freedom disappears. Then in protest, you're caught on a cell phone video that is never uploaded or released to the public, nor ever sent to anyone, but it is data and that data exists on the phone connected to the network, so it becomes visible to those who took said freedom. Then you are swept up and three days later, depsite the data of your phone, and those around you being available, you are not found. You are gone. Wishing you had a time machine. Wishing that you had realized it was easier to prot

    • by StormReaver ( 59959 ) on Tuesday May 19, 2020 @03:54PM (#60079690)

      Three days later a covert national agency of your country is asked it if can help.

      Let's put your scenario through the filter of unrestrained mass surveillance, and see how it ends in the real world:

      Three days later a covert national agency of your country is asked it if can help. Since you're not rich, famous, or politically connected, your case file is carelessly tossed on top of the six-foot tall pile of cases the covert agency doesn't give a shit about, and you get used to living your life in the vein day-to-day hope that random chance leads your child back home.

      Meanwhile, some politician is using the covert national agency's access to the mass surveillance data to to dig up dirt on political opponents. As it happens, your Facebook page gets flagged as being sympathetic to that political opponent, and your entire online life gets put under that covert national agency's microscope.

      And now that thing you used to do (that thing that we all probably do) five years ago, that used to be considered innocuously harmless, or that you stopped doing a long time ago because you realized it was probably hurtful, is politically incorrect and borderline illegal. But now the covert national agency has a treasure trove of evidence to use against you if you ever become a little too annoying to whomever controls the people who control access to that data.

      No thanks. I'll take my chances on the infinitesimally, vanishingly small, odds that all the mass surveillance data might help me somehow, some day. There's a way, Way, WAY higher chance that the data will be used against me (and you) than be used to help me (or you).

    • by AmiMoJo ( 196126 )

      Think of the children, really?

      How did they solve kidnappings before metadata existed?

    • by Nidi62 ( 1525137 )

      Three days later a covert national agency of your country is asked it if can help.

      Unless you happen to be a major political figure, why would a national clandestine intelligence agency bother looking for a missing kid? That's the purview of your local law enforcement agency or, if there is an indication that child has been moved internationally, your national/federal law enforcement arm.

      • Talk to any divorcing spouse whose ex took the kid across international borders. Find out how much help they're able to get from "agencies". You need pretty deep pockets to even get noticed.
    • Re: (Score:2, Insightful)

      by Anonymous Coward
      Your child disappears. Three days later it is discovered that a pedo-ring had used the built-in backdoor you demanded be included in phones to impersonate one of their friends and abduct them.

      Well look at that, now fear and emotions got us into the problem you were trying to solve. How about instead of trying to scare people into siding with you, you use logic and reason?
    • by ceoyoyo ( 59147 )

      Think of the children arguments are getting downright surreal.

  • Revoking the license to kill?

  • court rulings are ALWAYS followed by military and secret service organizations. Basically the new message is 'IF you are going to spy on the world DON'T be so transparent about it' now it must be a classified black op.

  • by FeelGood314 ( 2516288 ) on Tuesday May 19, 2020 @05:12PM (#60080026)
    And not just people who are your own citizens and living in your country? This is actually a very important concept that I think not enough people defend. Rights are for everyone, not just rich, white males who have a certain citizenship. If we start placing limits on rights we very quickly have none. If Americans say the NSA or FBI needs a warrant to spy on American citizens then the US government could simply get Canada or another one of the 5 eyes to spy on Americans.
  • German Internet Surveillance Is Dead...Long Live German Internet Surveillance!

Byte your tongue.

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