L.K.W.-Maut

Truck toll.

Germany has a relatively new national toll on trucks. On 06 Nov 2013 it became known that interior minister Hans-Peter Friedrich (C.S.U.) had wanted to use data collected during the collection of that toll “to fight crime” but has supposedly been stopped from doing so.

Wikipedia said the toll was introduced in 2005 and is collected automatically by Toll Collect using G.S.M. and G.P.S. and on-board units on registered trucks or by toll tickets sold by off-ramp terminals.

(LOST croft VOG en   m OW! T.)

Null-Nummer

“A nada number,” zilch, zip, zero. Opposition politicians criticized the 24-hour visit of Interior Minister Hans-Peter Friedrich (C.S.U.) to the U.S.A. on July 12 to discuss N.S.A. spying with the Obama administration, saying Mr. Friedrich let himself be fobbed off with nonexplanations and didn’t realize the seriousness of the issues when he apparently decided to choose government rights over burgher rights. An op-ed in the Süddeutsche Zeitung said democracies can’t have freedom unless individuals in the democracies have freedom and privacy at home, and that this is a time that calls for voices and courage.

(NEWEL new mah.)

2649 Belege

2,649 pieces of evidence” which have been collected in a report that will be used in preliminary discussions of another runup to an attempt at banning the far-right German political party NDP (“usually described as a neonazi organization“) for violating the German Constitution. Every failed attempt to ban the NPD apparently has worse consequences than if they hadn’t made the effort, which is one reason why Federal Interior Minister Hans-Peter Friedrich (CSU) said he’s skeptical about the current process. In 2003, the high court in Karlsruhe could not ban the NPD because too many people involved with the party and trial had been paid informants (V-people) for various government agencies. The current report has acknowledged that pitfall by collecting its 2,649 evidence items from public statements rather than testimony from potentially compromised witnesses.

On 5 Dec 2012 one of the small number of government institutions (Bundesverfassungsorgane, lit. “Federal Constitution Organs”) authorized to petition to ban a political party in Germany—in this case the state governors, who were also the group behind this report—unanimously voted to try again to ban the NPD. As Tagesschau.de explained in an online guide to this procedure, the hurdles for banning a political party in Germany are quite high due to lessons learned during the Weimar Republic.

Update on 22 Nov 2013: The federal states announced their petition to ban the N.P.D. party is now complete and will be submitted to the supreme constitutional court [Bundesverfassungsgericht] in Karlsruhe in early December 2013. The federal parliament, Bundestag, and federal government had decided not to join a new attempt at a ban, after failing to achieve one ten years ago before the court in Karlsruhe. The N.P.D. is currently experiencing financial troubles.

Update on 03 Dec 2013: The petition to ban the N.P.D. was submitted to the Bundesverfassungsgericht, which will decide whether to hear the case. Only two political party bans were ever issued in the Federal Republic of Germany, and both were more than fifty years ago, said ARD tagesschau.de legal correspondent Christoph Kehlbach.

(TSVYE t ow! zant, ZEX hoond errrt, N OY! N   oond   FEER tsig   beh LAY geh.)

Zentrales Waffenregister

Central weapons register. Gun owners in Germany currently have to register their guns at several hundred (~550) small separate offices that don’t coordinate with one another. Interior Minister Hans-Peter Friedrich (CSU) says the government has scheduled the creation of a central gun registry in Germany, which police will be able to use to check weapon ownership starting in early 2013. The central registry is being created in response to an EU guideline that would have allowed two more years for implementation.

Update on 15 Nov 2013: Research by Süddeutsche Zeitung and the Norddeutsche Rundfunk has discovered that development of the Waffenregister (and development of a central registry of personal I.D.’s, Personalausweisregister), were two of ~100 jobs the German government outsourced in the past five years to a German subsidiary of Computer Sciences Corporation (C.S.C.), a U.S. company very firmly entwined with the U.S. intelligence sector whose software probably can’t be trusted. C.S.C. helped develop surveillance software for the N.S.A. and was, Süddeutsche.de reported, involved via another subsidiary in the C.I.A.’s Verschleppung of the German citizen Khaled el-Masri in 2004.

Süddeutsche.de said C.S.C. helped test the Bundestrojaner malware of the Bundeskriminalamt and support the introduction of electronic files into the German courts. It helped with the introduction of a nationwide “electronic passport” and Germany’s recent “secure email” project known as De-Mail.

“The company is part of the American shadow army of private companies that work cheaply/favorably [günstig] and invisibly for the military and secret services. The company belonged to a consortium, for example, that was awarded the N.S.A.’s so-called Trailblazer Project, which was said to include development of the recently disclosed Prism program. Some of these problematic involvements have been known for years, yet supposedly not within the Ministry of the Interior, which signed the framework contracts with C.S.C.”

Interior Ministry spokespeople said the ministry had no “own knowledge” of these entanglements but that the framework contracts “usually” included clauses forbidding transmission of confidential data to third parties.

(Tsen TRALL ess   VOFF en reh GIST er.)

Anti-Terror-Datei

Central federal file of police and intelligence services’ information about potential and actual terrisss but also possibly about innocent burghers. Interior Minister Hans-Peter Friedrich has said this central file is Germany’s most important tool in the fight against tare. The “anti-terror file” is now being evaluated by the highest court (Bundesverfassungsgericht, Federal Constitutional Court) to see whether it violates the German Civil Code. Questions also include what information goes into the file and which German institutions and foreign intelligence services have access to it.

(AUNTie   TERRor   dot EYE.)

Regulierte Selbstregulierung

The German Interior Ministry, headed by Hans-Peter Friedrich (CSU), has called for the EU to take a “regulated self-regulation” policy with regard to data privacy.

(RAY goo leer teh   ZELBST ray goo leer oong.)

Rechtsextremismus-Datei

The federal government of Germany has created a central file to collect data on right-wing extremists who are willing to use violence. The file is not intended to collect data on nonviolent people with right-wing extremist thoughts and feelings. All German government entities investigating violent right-wingers are to send all their relevant information to this central file. ZDF heute journal says this is the first visible structural governmental change made in response to the recently discovered organizational failures.

Leftists parliament member Petra Pau (Die Linken) says if this central file had existed during the thirteen-year rampage of a recent neonazi terrorist cell it would not have solved the case because the investigating police never considered the murderers might be right-wingers, deciding instead the killings were due to immigrants’ fighting amongst themselves. There was an institutional failure to consider neonazis dangerous. Tagesschau.de notes that right-wing extremist V-people, paid informants, will not be registered as informants in the new file.

(WRECKED ex tray miz moose   dot EYE.)

Vorratsdatenspeicherung

“Reservoir data storage,” “advance data saving,” now also being called dragnet e.g. surveillance + storage. When a government collects and saves people’s personal communication data in advance, without cause, before needing the data.

Germany is in trouble with the EU for not implementing the EU rule that telecommunications data should be collected without cause and saved for six months. German Interior Minister Hans-Peter Friedrich (CSU) supports the six-month EU plan but many other German parties and politicians do not. The German Supreme Constitutional Court found that the EU rule conflicts with German law.

Update on 18 Dec 2012: Spiegel-Online reports that more than 11,000 concerned Austrians, including telecommunications employees and Carinthian civil servants, have asked the Austrian constitutional court to postpone deliberating on Austria’s new data privacy law until the European Court of Justice can determine whether the EU rule violates basic human rights. By law, communications data in Austria have had to be saved for six months since 1 Apr 2012. The EU rule was passed in 2006. The Irish High Court asked the European Court of Justice to examine the rule in mid-July 2012, and it may happen in 2013.

Update on 12 Dec 2013: The European Court of Justice is examining the E.U. guideline requiring telecommunications companies to save customers’ data for “up to two years” in case they are suspected of committing crimes in the future. An expert opinion submitted by an E.U. Advocate General to the court found the two-year dragnet data storage guideline conflicts with the E.U. Charter of Fundamental Rights. ARD tagesschau.de moderator Jan Hofer said the court usually follows such expert opinions.

Update on 08 Apr 2014: The European Court of Justice overturned the E.U.’s 2006 guideline requiring mandatory dragnet surveillance and recording of all electronic phone and internet data because it violates fundamental human rights [Grundrechte].

(FORE rots DOT en shpy cher oong.)

Verfassungsschutz

“Constitution Protection.” The name for a federal German police agency that has state branches. I don’t know much about it. The name might be intended to convey the idea that federal police are needed to keep a democracy from falling into dictatorship.

Wikipedia says the Verfassungsschutz offices are responsible for domestic intelligence, the Bundesnachrichtendienst for foreign intelligence, and the Militärischer Abschirmdienst for military intelligence.

The Süddeutsche Zeitung said federal Verfassungsschutz is responsible for defending Germany against spying.

Update on 28 August 2012: Interior Minister Hans-Peter Friedrich (CSU) has announced that he would like to reform the Verfassungsschutz, including a mandate that all state-level Verfassungsschutz organizations would have to send all their information to a central federal office (some state offices have already protested this) and that a central federal list be kept of all Verfassungsschutzmänner and -frauen who are providing information to these police in return for money. See V-Mann, V-Frau.

Update on 29 August 2012: The state and federal reps supposedly only discussed for one hour before agreeing on a framework for reform, which even the opposition SPD party now supports. Not only will state Verfassungsschutz offices be required to share all information with the federal office, but the federal office will be required to share all information with state offices as well (there are currently a total of 17 Verfassungsschutz offices). The state reps negotiated away Hans-Peter Friedrich’s proposal that the federal office be made the sole boss of  investigations of (potentially) violent groups. Angela Merkel’s libertarianesque coalition partner, the FDP, criticizes that these changes are just moving furniture around and the old system, with its redundancies, remains the same.

Update on 03 July 2013: Interior Minister Hans-Peter Friedrich (CSU) and the head of federal Verfassungsschutz, Hans-Georg Maaßen, announced the Verfassungsschutz agencies will undergo fundamental reforms of structures and procedures, imposing uniform standards on the state and federal offices. The changes are to include: new guidelines for the use of V-people (“persons who have committed the most serious crimes are not to be acquirable as V-people” —Maaßen; informants are no longer to receive fees high enough that they could live on that income alone; handlers are to be swapped every five years at the latest to prevent friendships and Seilschaften; and a central file of state and federal V-people is to be created e.g. to prevent multiple Verfassungsschutz offices from paying the same informant); new rules for working with state Verfassungsschutz agencies (which will have to send the knowledge they acquire in unfiltered form to the federal office) and in future files are only to be destroyed after multiple-step reviews (with destruction training and a “file destruction officer” appointed for each department). “Cross-thinkers” [Querdenker] in the offices are supposed to observe, question and criticize what they see, hopefully spotting real trends and catching when departments are on wrong or slow tracks. These initial reforms are said to be in response to the failures discovered in the investigations of Germany’s decade-long serial-killing bank-robbing neonazi terror cell, not to the revelations of whistleblower Edward Snowden. Because there is a German election in two months it’s possible these announced reforms will not be enacted and/or funded, as has apparently been the case with some of Health Minister Daniel Bahr (FDP)’s pre-election reform announcements. The opposition criticized them as purely cosmetic and piecemeal anyway. Thomas Oppermann (SPD) called for a mentality change at these agencies and training employees so that they “have a sense of where the real dangers to our democracy lurk.” Hans-Christian Ströbele (Green party) said Verfassungsschutz should be eliminated “such as it is. We can’t let people just continue on who failed like that.”

Update on 19 Sep 2013: A state Verfassungsschutz office (Lower Saxony’s) was caught collecting and keeping information on at least seven journalists. Federal-level Verfassungsschutz was also caught cooperating with the C.I.A. and the Bundesnachrichtendienst to spy on a journalist, though Hans-Georg Maaßen issued a denial; the NDR journalist‘s name, passport number, mobile phone number and date of birth were on a U.S. list of names and data given to the German domestic and foreign intelligence agencies in 2010 with a request for more information about those people.

These reports showed that the German domestic intelligence Verfassungsschutz (state and federal) and foreign intelligence Bundenachrichtendienst agencies are supplying information for databases (now including ones named “Project 6,” “P6” and/or “PX”) that should have been inspected by data protection officers and subject to German data protection rules regulating among other things what information they can contain and for how long, after which the data must be deleted. However, the German data protection officers did not know about these databases, said Peter Schaar. He said this is no minor infraction, and “anyone running such a project absolutely must guarantee that all activities are completely documented and subjected to data protection control/inspection.”

The excuse for Lower Saxony Verfassungsschutz’s spying on journalists was fighting neonazis and the excuse for federal Verfassungsschutz’s spying on journalists was fighting terror. In his 2007 book Das Ende der Privatsphäre [“The End of Privacy”], Mr. Schaar said in the 1990’s the excuse tended to be fighting organized crime.

Update on 14 Mar 2014: New Interior Minister Thomas de Maizière announced the Verfassungsschutz will stop watching members of the Leftists party, which many S.E.D. politicians from the former East Germany joined twenty years ago, “unless they have good grounds for surveillance.” It will also “in general” stop watching Bundestag members, no matter what party they belong to. He said they reserved the right to investigate resumption of surveillance if they received new knowledge. Such as, that Bundestag members had connections to extreme milieux willing to do violence. Süddeutsche.de said this change of policy is in response to a case Bodo Ramelow (Leftists, and kept under observation for decades) brought to the supreme court, Bundesverfassungsgericht, in Karlsruhe. The court decided in October 2013 that “parliamentarians could only be watched who abused their mandate to fight against the free democratic basic order.” Süddeutsche.de said Mr. de Maizière’s formal statement did not say members of state parliaments would generally no longer be watched, and it noted that formally that his statement only commits the federal Bundesverfassungsschutz to suspend operations, not the 16 state offices.

Update on 08 Apr 2014: A company that represents companies in the Maschinenbau industry [“machine building,” industrial engineering] signed an agreement with federal Verfassungsschutz at this year’s trade show in Hanover. The agreement is supposed to encourage more German companies to consult Verfassungsschutz about suspected cases of industrial espionage. FAZ.net: “But Verfassungsschutz’s advantage is that unlike police they do not have to follow up on a crime, said the association. That is to say, the intelligence agency can pass on information to a company that’s affected; what happens with it after that is the management’s decision.”

(Fer FOSS oongs shoots.)

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