German Police proceeds against anonymity service

R. A. Hettinga rah at shipwright.com
Tue Sep 2 15:13:25 EDT 2003


<http://www.datenschutzzentrum.de/material/themen/presse/anon-bka_e.htm>

Independent Centre for Privacy Protection


2. September 2003

P R E S SšššR E L E A S E

German Police proceeds against anonymity service

The German Federal Bureau of Criminal Investigation (FBCI) obtained another
judicial decision against the AN.ON project last Friday. This decision by
the Lower District Court in Frankfurt /Main was a search warrant for the
rooms of the AN.ON project at the TU Dresden to find a protocol data record
for police investigation. This record had been recorded on the basis of a
judicial instruction which had been suspended in the meantime. On Saturday,
FBCI officers went to the apartment of the director of the Institute of
System Architecture at the Faculty of Information Technology and demanded
the surrender of the protocol data record. Since this was the only way to
avoid a police search in the institute, and therefore further disadvantage
to the TU Dresden, the data record was handed over. In the opinion of the
AN.ON operators, this procedure by the FBCI is not supported by the law.

According to the project partners' opinion, the decision by the Lower
District Court is unlawful. Since the enforcement of the duty to disclose
information instructed in a previous decision by the Lower District Court
(according to ŽŽ 100 g, h of the Code of Criminal Procedure) had been
suspended by the District Court in Frankfurt /Main, it had been clear that
there was no obligation to surrender until the final decision in the main
case was made. Therefore, the enforcement to surrender the data record by
use of a new search warrant is a law-abusing evasion of the decision made
by the District Court After the District Court had provisionally decided in
favour of AN.ON, the police was not allowed to fall back on general
surrender and seizure regulations (ŽŽ 103, 105 of the Code of Criminal
Procedure). The project partners are going to lodge an appeal against this
decision. The project partners consider a court examination of the FBCI
procedure to be definitely necessary.

š

Informationen about AN.ON unter:

http://www.anon-online.de

š

Press releases by the ICPP of Aug. 19, 2003: AN.ON still guarantees Anonymity

Press release by the ICCP of Aug. 27, 2003: First partial success for AN.ON

š



Information about the work of the ICCP:

Independent Centre for Privacy Protection Schleswig-Holstein
Holstenstra§e 98 / 24103 Kiel
Germany
Phone: +49 431/988-1200 / Fax: +49 431/988-1223 E-Mail:
mail at datenschutzzentrum.de
Homepage: http://www.datenschutzzentrum.de

š

š




-- 
-----------------
R. A. Hettinga <mailto: rah at ibuc.com>
The Internet Bearer Underwriting Corporation <http://www.ibuc.com/>
44 Farquhar Street, Boston, MA 02131 USA
"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'

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