Exchange of blows in the Bundestag: New data retention is getting closer

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Exchange of blows in the Bundestag: New data retention is getting closer


Representatives of the CDU/CSU and SPD factions on the one hand and the FDP and the Greens on the other made serious allegations at the plenary session on Thursday in the dispute over a new version of data retention independent of suspicion – this time initially limited to IP addresses. Günter Krings, legal policy spokesman for the CDU and CSU, said the traffic light, now defunct, was depriving prosecutors of the tools they have needed for three years to “save children from the hell of sexual abuse”. Helge Limburg (Greens) countered that the union and the SPD “credibly committed the worst crimes” without taking into account other legitimate interests. In this way, all opponents of a measure restricting fundamental rights will be discredited.

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MP There are currently three draft laws On the topic. The FDP parliamentary group has introduced a draft law “to introduce a protection order for traffic data into the Code of Criminal Procedure”. The Liberals want to implement a quick freeze approach. Traffic Light actually agreed to this in principle, but it never progressed beyond the position of the Ministry of Justice’s draft bill. The FPD now wants to get down to business as well as prevent a new version of the usual and indiscriminate data retention of connection and location data.

The Federal Council has proposed a law with which states are promoting a “minimum storage” of one month of IP addresses to combat serious crime. The CDU and CSU are taking things a step further with their own draft law: They are pushing for three-month logging of IP addresses and port numbers without any reason, as well as more options for radio cell queries. Which are also called cell phones. Dragnet search.

During the heated debate on prime time, Andrea Lindholz (CSU) condemned the failure of the FDP, the Greens and Chancellor Olaf Scholz (SPD), who called for IP address storage over the head of Federal Interior Minister Nancy Feser (SPD). In favor of buying and selling longer rental limits. In recent rulings, the European Court of Justice (ECJ) has clearly allowed the logging of IP addresses, regardless of suspicion, in the fight against virtually any crime. “We certainly have to exercise this option in the interest of victims and law enforcement.”

In the context of child sexual exploitation, Prime Minister of Hesse Boris Rhine (CDU) spoke on behalf of the State Chamber of a “collective phenomenon”, explaining that the use of IP addresses is often coincidental. Anyone who is not in favor of minimum storage is “actually preventing criminals from being identified” and enabling them to achieve “systemic impunity”. Conservatives rejected quick freeze as a fraudulent label. The Federal Criminal Police Office (BKA) states that with a storage period of one month, the clearance rate increases by 90 percent.

Sebastian Fiedler (SPD) criticized “the sabotage policy of the FDP”. Given the “entered babies” and live streaming of such images around the world, the victims will be ridiculed. The extent of this unspeakable crime is “epidemic.” He asked: “Is there always blood flowing on the street like in Solingen?” Fiedler’s parliamentary group colleague Peggy Schierenbach also stressed that the Social Democrats could not and did not want to rely on voluntary storage by access providers. Quick freeze “alone” is not an adequate option. SPD politicians Pars Marvi and Daniel Baldi pointed out that, according to the ECJ, data retention should be limited to only what is absolutely necessary. Three months will be risky, one month will be better.

In principle, the SPD decided in September to investigate the new data retention in an “open-ended” manner. However, Feser continues to fight for IP address logging regardless of skepticism and appeared confident ahead of a conference of federal and state interior ministers on Wednesday that an agreement with the CDU and CSU can be reached quickly.

Only the quick freeze is legally safe and in line with fundamental rights and European law, FDP MPs Thorsten Lieb and Manuel Höferlein stressed. This is an order to freeze not only existing traffic data, but also future traffic data. Hoferlein emphasized that the Grand Coalition has failed several times with its legislative proposals on data retention. This tool, which ultimately undermines trust in state organizations because of its excessiveness, never worked and was never implemented.

Data retention affects almost everyone in this country – including children and all innocent people on the internet, the Limburg Greens said. Such violation of the Constitution should not continue. The union is also giving window speeches because Rhine & Co. in the Federal Council have blocked more powers for prosecutors with the security package “for cheap party-strategic considerations.” His party colleague Marcel Emmerich recalled that the child protection association also wanted a legally safe solution and therefore wanted a quick stop. Anything else is just the wrong approach.

“Democracy and mass surveillance do not go together,” said leftist Anke Domscheit-Berg, rejecting the initiative by the CDU/CSU and the states. Stephan Brandner rejected their legislative initiatives on behalf of the AfD as “uncritical” because they wanted to “create a true surveillance state” and treat every citizen as a potential criminal. The drafts will now be discussed further in committees before an ad hoc coalition, at least Black and Red, is completed before the federal election in February.


(mho)

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