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Ten Questions About Internet Governance

On April 23 in Sao Paulo, Brazil, the “Global Multistakeholder Meeting on the Future of Internet Governance,” also known as “NETmundial” in an allusion to the global football event that will occur later in that country, will be convened. Juan Alfonso Fernández González of the Cuban Communications Ministry and a veteran of the UN internet governance meetings, raises 10 questions that need to be answered at NETmundial.


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    Court Finds German Data Retention Law Unconstitutional

    Published on 2 March 2010 @ 11:24 pm

    Intellectual Property Watch

    By Monika Ermert for Intellectual Property Watch

    The German Constitutional Court today declared German data retention legislation a violation of the fundamental right to privacy of correspondence and telecommunication (Article 10 of the German constitution). The law that is a transposition of the EU data retention directive from 2006 therefore is null and void, said the court. Some 134,000 citizens, including many journalists, the Green Party, a former Minister of Justice (from the Liberal Party) and now acting Minister of Justice Sabine Leutheusser-Schnarrenberger (also Liberal Party) had filed complaints against the law. [Correction: nearly 35,000 people signed the complaint, and nearly 135,000 signing the e-petition against a blocking law for child pornography. Nevertheless, this was the biggest constitutional complaint ever.]

    The judges decided that data retention was not unconstitutional as such. Therefore transposition of the EU directive is still possible. But data has to be strictly limited to crimes that mean a threat to life or freedom of individuals or a threat to the country or one of its federal states. Also data had to be stored decentrally and using the highest security level possible at any given time. Data from special groups like priests, doctors, lawyers, journalists should be exempted. Green Party leader Claudia Roth said the ruling was a “slap in the face” of the government which now has to go back and make a new law. Meanwhile Viviane Reding, new EU Commissioner of Justice in Brussels, has announced that all anti-terror laws have to be evaluated and checked for proportionality and necessity. The EU data retention directive is up for regular evaluation at the end of this year.

    Categories: IP-Watch Briefs, English

     

    Comments

    1. hoerner says:

      I’m sorry that I have to correct you, but there were only about 35.000 people involved in the lawsuit. See for example http://www.spiegel.de/netzwelt/netzpolitik/0,1518,681122,00.html.

    2. Simon says:

      “Some 134,000 citizens”
      that’s the number of peolple who signed a petition against the so called “Zugangserschwerungsgesetz”. the number of people who had filed complaint against the mentioned law was 34-35.000.

    3. Weirdo Wisp says:

      The 134000 people signed a petition against Internet censorship in 2009. Complaints before the constitutional court against data retention were filed by 35000 people.

    4. William New says:

      Thanks for the catch on the number of people in lawsuit. It has been corrected. -WN

    5. Texas Law says:

      I for one am happy for the German court ruling. I think the number was a little off but it was a solid ruling all the same.

    6. Dave Hendricks says:

      What are the implications of this pushing these laws to be recognized in the US? I deal with a lot of clients that this would apply to. Dave


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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