Federal Constitutional Court tilts externally stored data storage - VoIP General, VoIP News, VoIP Providers, VoIP hardware, VoIP software, VoIP Technology

Federal Constitutional Court tilts externally stored data storage (vorrerst)

Like among other things Heise today reports:

The mass storage from telephone and Internet data to the prosecution is inadmissible.
The Federal Constitutional Court in Karlsruhe decided on Tuesday that externally stored data storage offends against the condition.
It is incompatible the judgement according to with the telecommunications secret. ….further here

And that Left to press release the Federal Constitutional Court

In my eyes that is still everything very spongelike. Times see which last the latter from it becomes.

Now, if the “lack” are repaired (and that they probably become), go the play from the front loosely…

Thus I see also. My cat also always bites itself into the tail.

We hope that thereby a large stone is put to the warning illusion into the way.

Why, concerned?
The flint will not prevent it however from it.
Read you in the linked press release times this section
Quotation:

Requirements of the indirect use of the data for identification of IP addresses:

Perhaps but understand I also only which wrongly. No outstanding person can with this [EDIT: ****** --gandalf] Lawyer-German which begin.

Theoretically (!!!) warning lawyers might also not approach now no more, over detours, to the IP addresses of the users.

Or did I misunderstand something there?

As said, whether my or your interpretation is correct, I cannot say.
Perhaps we translated nen lawyer that here somewhere times into “German”.

Hmm, a good friend of me is Juristin.

As per. the report of heise.de these warning lawyers would be allowed to do for possibly. Copyright infringements to the IP addresses do not approach.

As said, the whole is theoretical. These mass warning lawyers will find another source and will then give it still stupid people, which pay behaviourless. The actual purpose of the warning is missed thereby since it concerns to these lawyers only the fast money. As soon as from the warned Gegenwehr takes place, the Abmahner gives up usually, since that is expensive, and often no more in their concept does not fit.

Does a connection with for the moment the faded in advertisement exist?
(Or: that fits times again like ass on buckets).

G., - #####o:

Nee! I see, see advertisement I not my signature

P.S.: Force expressions are not gladly read here

That is times prime example that it becomes time for a Federal Minister (ium) for Internet and new media.

The quantity of task ranges makes it meanwhile inevitably. Now the embarrassingnesses in connection with “laws” (ineffective Kinderporno barriers), which can not be used, and the “false conception externally stored data storage” shows that these tasks are not to be mastered no more in “secondary function”.

Quotation:

Quotation of Elsi29 Nee! I see, see advertisement I not my signature…

That is then as with children: Hold themselves the eyes to and say: “not there I am”. Quotation:

Quotation of Elsi29 P.S.: Force expressions are not gladly read here

There I wait official” Rffel times for 'nen “.

G., - #####o:

but to read I will nevertheless probably still be allowed

@Daniel Lcking
What brings you on the idea that expertise is a condition for a ministerial position?
If one sees, how Ministers move from a Ministry to the next, everyone can select itself whether in all ranges equivalent good or equivalent bad is.

And straight your examples show that we do not need a new Ministry, but on the contrary to ensure must that our Ministers of the Interior are less active somewhat.

@ Ralf

Ministers are - except for few exceptions - “sound and smoke” - there geb I you right. Therefore also in parentheses (ium). Completely in hope, which specialized technical and expertise the Gallionsfiguren outlast.

To me the realization would already hand that everything is not new, only because it with the Internet to do has. A ministry of the Interior, which sees not all citizens as potential criminals, would be many more important to me.

How truely! To main thing, the Ministers fight before the CEBIT for publicity and everyone times to the topic which said.

Quotation:

Quotation of doc456

Now, if the “lack” are repaired (and that they probably become)

Then the Basic Law stop is made suitable. And everything is again like that as it now was.

more @scolopender:
Quotation:

That is then as with children: Hold themselves the eyes to and say: “not there I am”.

Mummy says, “you may”

Quotation:

There I wait official” Rffel times for 'nen “.

If you are so sharp on it….

That is nevertheless one of the Kanzleien, which made mass warnings because of file sharing.

Also within this range is action need. Which law raises you're welcome a Kanzlei to the executive?

Quotation:

Quotation of Elsi29

Theoretically (!!!) warning lawyers might also not approach now no more, over detours, to the IP addresses of the users.

Theoretically already, practically not. The identification of a user over the IP address has the BVerfG expressly certified. However it forbade the storage of the data at the same time. And that retroactively. That means:

The warning lawyer can request still the publication of the identity to a IP address with the public prosecutor's office. This can request further a judicial order to the publication of the data by the ISP. The courts can order further publication. But now the chain ends. After BVerfG judgement the ISP may not it the data no more have and cannot thus also publish.

** Who is guessed/advised already in case of warning, can themselves now also later resist. The BVerfG sentenced externally stored data storage since its existence as unconstitutional. All in the past do not seize data are illegal come and thus are permitted, there unconstitutional the use of these data actually. Each judgement, which does not originate from that to used data, would be just as unconstitutional thereby. That might affect also the civil law. Who ignored thus a warning, might have to count neither on a provisional order nor on a default judgement during neglect of a reminder procedure.

The Ministries of Justice to this problem yet did not express itself. Therefore actually only being waiting remains.

** This paragraph illustrates my personal opinion and is NOT as legal advice to be understood

Ne, the BMJ not, but Mrs. Doppelname has loudly sounded…

Brings us to the central problem:

What entitled an individual Kanzlei at all to so a procedure? If within all ranges of German iurisdiction becomes possible, then I make myself in the future independent with a speed measuring instrument!

The pursuit of copyright offences does not have to be placed either also under sovereignty or to legal defaults be attached (similarly collection enterprises) without their proven observance a law office to become active may.

Where is a law that prevents the practices of the “Download mafia”?

There are Unteruchungen, on which points of a Website the attention of the user remains hanging. The “Download mafia” platziert the referring to liable to pay the costs Abos automatically, where that not the case is.

So that actual after my legal concept - which incurrs the loss right to obtain a payment for the doubtful achievement. Where remains in this affair of the latch plates?

Irony: ON
Oh, no, there is not responsible the Ministry of Justice for… that is rather an affair of consumer protection.
Irony: OFF

I schmeiss the Gebetsmhle:

Internet interests belong into their own Ministry, like also traffic, environment etc.

Quotation:

Quotation of IBM FAN

** Who is guessed/advised already in case of warning, can themselves now also later resist. The BVerfG sentenced externally stored data storage since its existence as unconstitutional. All in the past do not seize data are illegal come and thus are permitted, there unconstitutional the use of these data actually….

That was also my thought, and I think will let that examine I times as a lawyer.

As I already wrote, apparent enough warning do not resist at all or you it is to be raised embarrassingly because of a probably irrtrmlich warned Pornos objection. Then these amounts pay, even if you are innocent.

That fits exactly into the booty pattern of these masses of warning lawyers. Those leave themselves lawyer-legally advised and to resist, do not pay themselves often at all, since for the warning lawyers costs know caused and these that the proofs are than poor more.

So far no case of mass warnings is well-known, which was judicially delivered. Always the Providerauskunft for the correct name determination and the programs used by the warning lawyers is missing, allegedly as per. judicial oath-stately expert was examined, is not suited according to specialized opinion not the bean and is unzuverlsslich. See for this a Spot of ct'tv.

Quotation:

Quotation of Elsi29

Those leave themselves lawyer-legally advised and to resist, do not pay themselves often at all.

Correctly. I had received altogether five warnings (for genuine mini offences), which moved unkommentiert without exception into the ton since in the middle of 2006. I always asked myself, for which part of the Torrent Hash will exactly sue me. Unfortunately I was allowed never to find that out, since on the part of the Abmahner naturally nothing more happened. Once there was a summons to pay those the way of the begging letters naturally took. Everyone automat-translates report of profit from any Congo email Lotterien has more substance than such warning letters.

Guude,

ohohoh….there we come however now on the thinnest ice….

. the topic if “warning illusion” .mit and as one with it to then deal should, other forums are occupied….

It thinks also that we should not discuss sowas here. But ' s gives the “net world”

I would like to mention only times that it is simply wrong to believe would be retroactive everything illegaly. Because in Germany also a proof applies under illegal Vorraussetzungen was furnished as a proof and is judicial usably. One can likewise hear this in the video of Udo cousin house searches. Proofs which during an illegal house search were found, are despite the unlawfulness of the search usably. Same might apply to the data, which were raised in the last 2 years.

/edit
The moreover one I would like to deal again evenly with the statement that evenly the Basic Law is then adapted. This will not happen in such a way and if, it becomes extremely with difficulty. In order to cause a change of the Basic Law, for it (after 79 of the GG) a 2/3 majority in the Bundestag must being found like also in the Upper House of Parliament.

Quotation:

Kind 79
(1) The Basic Law can be amended only by a law, that the wording of the
Basic Law expressly changes or supplements. With international-law contracts,
the one peace regulation, the preparation of a peace regulation or the dismantling
a crew-legal order to the article have or the defense that
To serve it is been sufficient for Federal Republic certainly, for clarification that the regulations
the Basic Law do not oppose the conclusion and the Inkraftsetzen of the contracts,
an addition of the wording of the Basic Law, itself on this clarification
limited.
(2) Such a law requires the agreement of two thirds of the members of the
Federal daily and two thirds of the voices of the Upper House of Parliament.
(3) A change of this Basic Law, by which the arrangement of the federation in
Countries, the fundamental co-operation of the countries during the legislation or into that
Articles 1 and 20 laid down principles to be affected, is inadmissible.

And ' s continues to go:

Heise:
European Union wants to examine data storage guideline

The world:
European Union guideline for data storage is examined

So far already rightfully information of a Internetservice Providers were made by the identity of a subscriber standing behind a IP address remain!

Externally stored data storage & file sharing