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Google May Close Gmail Germany Over Privacy Law

Matt writes "Google is threatening to shut down the German version of its Gmail service if the German Bundestag passes it's new Internet surveillance law. Peter Fleischer, Google's German privacy representative says the new law would be a severe blow against privacy and would go against Google's practice of also offering anonymous e-mail accounts. If the law is passed then starting 2008, any connection data concerning the internet, phone calls (With position data when cell phones are used), SMS etc. of any German citizen will be saved for 6 months, anonymizing services like Tor will be made illegal."

78 of 368 comments (clear)

  1. Phew! by ScrewMaster · · Score: 3, Interesting

    Just when I thought Europe was going to be the last bastion of freedom in the world.

    Congress, look out ... Germany is going to one-up you if you're not careful.

    --
    The higher the technology, the sharper that two-edged sword.
    1. Re:Phew! by Halo1 · · Score: 4, Informative

      Unlike what the summary suggests, this is not specific to Germany. It's the implementation of a European directive on data retention. And FWIW, the US is indeed less invasive than the EU at this point concerning data retention.

      --
      Donate free food here
    2. Re:Phew! by Zarhan · · Score: 4, Insightful

      It IS specific to Germany in some respects. Remember, the directive only specifies the MINIMUM requirements for the law; The implementations are country-specific.

      Outlawing Tor is very much specific to Germany.

    3. Re:Phew! by Elemenope · · Score: 3, Insightful

      I'm sorry; I'm sure your concerns are genuine. I'm just confused that a UK citizen would be comparing just about anyone else unfavorably to themselves on the issue of surveillance. Am I totally off base, or is the UK that place in the world where CCTV cameras are more common than traffic lights? Isn't constant visual surveillance a hallmark of controlling, manipulative, and draconian regimes?

      --
      All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
    4. Re:Phew! by Halo1 · · Score: 5, Interesting

      That's true, although it is quite "consistent" with the directive. One of our criticisms was that it is ridiculous to do what the directive requires because there are so many ways around it. Forcing ISPs to record all email from/to data can be worked around by using foreign email providers and tunnelling. Recording from/to data about IP-telephony can't be done without inspecting every single ip packet flowing through your network, and even then only if someone is using a documented protocol without encryption/obfuscation, etc.

      Banning TOR, requiring foreign email providers to play by the rules of the directive etc are minimal requirements for implementing the directive in any "sensible" way, if you look at it from an data retention efficacy perspective.

      So in the end, I am convinced it is perfectly correct to say that this is all because of that EU directive and the horrific combination of fascists and idiots that supported it "to save the children" and to "catch the terrorists".

      --
      Donate free food here
    5. Re:Phew! by moronoxyd · · Score: 5, Informative

      Outlawing Tor is very much specific to Germany.

      Tor will not be outlawed, but anybody who runs a Tor server from within Germany has to log the connection data, which pretty much goes against the idea of Tor.
      But running or using Tor in general will not be illegal (from what I unterstand).

    6. Re:Phew! by vidarh · · Score: 4, Informative
      Funny. You do realize that they can't push through the new treaty without the agreement of the member states government, don't you?

      Furthermore, that one of the real points of contention is that the UK is trying it's best to prevent the treaty from making a charter of fundamental rights for EU's citizens legally binding.

      So for once, rather than complaining about the EU in general and Germany in particular, those of us living in the UK should instead be complaining about how our government at every turn tries to prevent from being bound to give it's citizens any form of protection against it's government.

    7. Re:Phew! by the_womble · · Score: 2, Insightful

      Because the British government (meaning the cabinet and prime minister) love to have the EU do the sort of things they want to do, but might not be able to do if Britain was independant because of parliament and public opinion.

      The EU concil of ministers, being unelected, are not bothered by MPs or public opinion.

    8. Re:Phew! by Anonymous Coward · · Score: 5, Funny

      "Now what about all those other metrics we use to measure privacy?"

      That's why the US doesn't use metrics.

    9. Re:Phew! by Richard_at_work · · Score: 2, Informative

      The European Council consists of heads of state and government of the EU. The members therefor are, by default, elected by each countries populace. The European Council also has no legislative powers.

      The European Parliament consists of ministers elected by the populace of member states every five years, last elections held in 2004. The parliament has legislative powers.

      The Council of the European Union consists of ministers from each member state, and is transitory in that which minister attending depends on the matter at hand. By default, these ministers are elected as they are a member of their elected government. The council has legislative powers.

      Which unelected council are you referring to?

    10. Re:Phew! by octopus72 · · Score: 4, Interesting

      Fortunately, it is irrelevant where Tor server actually runs :)
      It seems that idea of such directives is to prevent common case of communication from becoming really secure, so that anyone can be a suspect just if he/she ever used that method way of communication.
      For that reason we won't soon (or ever) see secure authentication and exchange of decryption keys in e.g. mobile-phones: so that police can tune in and listen whenever they want. Although we already see this "problem" with VoIP which is widely used as replacement for a fixed telephony.

    11. Re:Phew! by Original+Replica · · Score: 5, Insightful

      those of us living in the UK should instead be complaining about how our government at every turn tries to prevent from being bound to give it's citizens any form of protection against it's government.

      How did you get them to sign the Magna Carta?

      --
      We are all just people.
    12. Re:Phew! by kill-1 · · Score: 5, Insightful

      I think the poster referres to The Council of the European Union. This council isn't elected directly. As you describe it consists of ministers of the governments, which are members of the executive. So the executive suddenly gains a tremendous legislative power.

      Your description sounds nice and democratic, but in reality checks and balances are way out of control regarding European legislation. And given the enormous impact some EU directives have, there is almost no political discussion let alone media coverage. The leading governments of Europe basically can change laws at will.

    13. Re:Phew! by tolan-b · · Score: 2, Insightful

      I hope you realise the UK already has far more draconian data retention laws than the new EU directoive is bringing in, and in fact was instrumental in getting the directive brought in too.

      We log more and for longer and we also allow bulk trawling of the collected data by MI5.

      You can rag on Europe over fishing and carrot jam if you want, but Europe is actually a strong restraining factor on the UK in terms of privacy and human rights in general.

    14. Re:Phew! by Elemenope · · Score: 5, Insightful

      I submit to you that the distinction between a public and a private act is nearly dissolved in this day and age. Most meaningful tasks cannot be completed except by some portion occurring in traditionally "public" space, including all forms of communication but speaking in situ, all commerce, and indeed preety much all social life. A person's public habits and actions, when reviewed in full and codifiable such that they may be stored and compared, are a very powerful inferential tool for predicting private behaviors, opinions, and actions.

      The distinction between public and private was meaningful at a time and a place where an indivudual was exposed to public scrutiny only when they call attention to themselves. That is no longer true; surveillance technologies allow constant monitoring of individuals. For those who see no problem with this, ask have they ever had a bad hair day? A cranky mood? Occassionally sped or missed a stop sign? Problem is nobody is perfect in action, even in the narrow sense that they always do what they intend, all the time.

      Laws were designed to maintain public order; they cast a net of proscripted behavior slightly wider than those behaviors that actually are a threat to public order, because it is generally recognized than a simple practical safeguard against overintrusive law enforcement is that acts which are technically illegal but raise nobody's heckles are probably not a threat to public order. To wit, someone has to complain in order for one to believe that someone is aggrieved. With surveillance that is no longer the case; and yet we execute those same old laws in a heavily surveilled world.

      If the entirety of UK's public space were surveilled, then yes, I think that it would be nearly as destructive as comparable forms of private surveillance. The fact that on narrow philosophical grounds it seems more justifiable, due to our clinging to notions of "public" and "private" that are today practically dead, is why fewer people seem to care. And that is a pity.

      --
      All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
    15. Re:Phew! by Halo1 · · Score: 2, Informative

      There wouldn't be such a directive if Germany hadn't pushed this forward the whole way.

      I doubt it, since this was mainly pushed through by the UK Presidency. And pretty much the only fundamental opposition came from Ireland. But guess what: not because they're against data retention (in fact, a framework decision on this topic was approved under Ireland's presidency of the Council), but because they don't think it's a third pillar competence (the data retention directive was a codecision procedure).

      That's how you bypass national legislature in Europe nowadays.

      I'll be the last to argue that the the EU Council of Ministers is working well according to democratic standards, but at the same time I don't see anything Germany-specific about this particular directive or law.

      --
      Donate free food here
    16. Re:Phew! by Dachannien · · Score: 3, Insightful

      How is a country that makes it illegal to speak favorably about Nazis a "bastion of freedom"?

      (Not that I have anything favorable to say about the Nazis, mind you.)

    17. Re:Phew! by Halo1 · · Score: 3, Insightful

      As someone once said, albeit in a different context: "That's not even wrong!" :)

      --
      Donate free food here
    18. Re:Phew! by kocsonya · · Score: 3, Interesting

      > that supported it "to save the children" and to "catch the terrorists"

      Don't forget the most common one: "to make money". The whole push for the Great European Constitution (and the just as strong push for not asking the citizens if the actually want it or not) is all about money. They managed to fill the ??? in the Underpant Gnomes business plan:

      1) Unprecedented corporate freedom
      2) Limited and closely monitored personal freedom
      3) Profit!!!

    19. Re:Phew! by Opportunist · · Score: 5, Insightful

      Maybe it would help to see that politics is not just a one-dimensional "left-right" scheme. Politics is usually at the very least two dimensional (with economic freedom on one axis and personal freedom on the other), there've been people who suggested even three and more dimensional systems, but the two dimensional already works wonders, usually.

      Generally you will notice that one-dimensional classifications don't work out. You had Hitler and Stalin (to take the politically extremes), one being, on the economic scale, a full blown free market supporter, with a no-bars attitude on the question how much you may profit from your workforce, the market and even the state (well, provided your bribes were high enough), the other one an (economic) communist with the forced collectivation of all production material available. So technically, in a one-dimensional system, they should be as different as they can be.

      The reason we perceive them as near equal is that they were both on the "personal freedom" scale in the same bottom. Both were dictators to the fullest degree.

      "Freedom" on both axes is a very liberal free market/free world model, bordering on anarchy. Such a system can actually be surprisingly stable if the people support it (the US were for some time quite close to this model). "Restrictive" on both axes is very close to a communist dictatorship. Restricting personal freedom while allowing the economy as much liberties as possible is a fascist dictatorship. And the complementary (personal freedom but tightly regulated/socialized economy) is ... something that hasn't been tried yet, I guess.

      So I don't subscribe to the one dimensional "social - liberal" left-right notion. Politics is far more dimensional than that, it can't be condensed into one variable.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    20. Re:Phew! by rtb61 · · Score: 2, Insightful
      Interestingly what the law amounts to, if you were, in old world speak, to send a letter via snail mail with out a return address you would be committing the modern day equivalent of a criminal act, what other twisted extension could you have, putting up post it notes with out to name address and phone number, an anonymous verbal hi how are you with out declaring your full name and detail.

      Just because it is now in the digital world and governments or corporations are capable of invading everyone's privacy all of the time does not mean they should. I am a firm believer of the principle of trying out and making publicly accessible all the privacy invasive techniques upon the idiot perverts that want to implement it in the first place.

      So lets monitor all the activities of politicians and their families 24 hours a day, everything they say, write or communicate in any way shape or form to any other person or entity, after all, they all claim to be working in the public interest, so they surely have nothing to hide. After that we can invade 'er' monitor the activities of all law enforcement officers, after all, with the additional authority and power they have over the public, they should accept that the public be able to monitor the use of that power.

      --
      Chaos - everything, everywhere, everywhen
    21. Re:Phew! by djasbestos · · Score: 2, Informative

      Ah, the wonderful Political Compass

      I tend to agree, though...the cartesian -10,-10 has never been tried except maybe by Roddenberry. And using the two dimensional system can also show the vast differences between the Republican candidates for president this go around...they're all "right wing / conservative" in traditional 1-dimensional measures, but they aren't even close in two dimensions (Tancredo being probably 6,10 (fascist) and Ron Paul being 10,-7 (libertarian) and Romney about 9,4 (douchebag)).

  2. so will it be a crime to have open 802.11 routers? by Anonymous Coward · · Score: 4, Insightful

    WTF?

    I can walk around San Francisco and find hundreds, if not thousands, of open or misconfigured wireless routers. Anonymous access to anyone with a notebook.

    How does germany plan on enforcing this?

  3. In other news by Timesprout · · Score: 5, Funny

    GMail Poland excutives were looking rather nervous after this announcement.

    --
    Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
    What truth?
    There is no dupe
    1. Re:In other news by LighterShadeOfBlack · · Score: 3, Insightful

      I know that's a joke but in reality there's almost certainly some truth in that. Not just Poland of course, but all of the EU. Germany is one of the most influential members of the EU in terms of forming EU law. If this law gets passed in Germany it's only a matter of time before they try and push it on the rest of the continent.

      --
      Spelling mistakes, grammatical errors, and stupid comments are intentional.
  4. China by Anonymous Coward · · Score: 5, Interesting

    Yeah, Google will do in Germany what it didn't do in China? http://en.wikipedia.org/wiki/Censorship_by_Google# China (OK, not exactly the same thing but you get the point). I won't bet on it.

    1. Re:China by s4m7 · · Score: 2, Insightful

      Hmm....
      >br/> Germany pop.: 82,400,996 (July 2007 est.)
      China pop.: 1,321,851,888 (July 2007 est.)

      I'm sure china having sixteen times the population of germany has nothing to do with it.

      --
      This comment is fully compliant with RFC 527.
    2. Re:China by rentmej · · Score: 2, Informative

      Ahh - Close. Did you even RTFA that you linked to?

      Actually it was Yahoo that was outing anonymous users in China.

      Google actually has a good record of protecting people's anonymity in China (Per your article), they just doesn't give them all of the web. Which is kind of funny since you now have people who are realizing that their government is censoring.

      US search Tienanmen's square Vs China search Tienanmen's square

      So how many people in China really think that those are the only pictures out there?

      --
      0100001001100101011010010110111001100111 0100100001110101011011010110000101101110
    3. Re:China by MightyYar · · Score: 2, Insightful

      Yes, some states in the US execute people who have killed another human being. China executes people for things like corruption or drug trafficking.

      Inmates in the US typically spend over 10 years winding their way through the legal system before they are actually executed. Is there any semblance of due process in China?

      Last I checked, the UK, France, Germany, Poland, Brazil, etc had standing armies - sounds like those countries seem to think that "government enacted murder" is okay sometimes, too.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  5. Minimum Flare by Portikon · · Score: 3, Funny

    I wonder if they are going to start requiring their citizens to wear flare as well.

    1. Re:Minimum Flare by Anonymous Coward · · Score: 2, Funny

      I wonder if they are going to start requiring their citizens to wear flare as well. I believe they tried that once, along with a friendly salute. Apparently it didn't go down too well...
    2. Re:Minimum Flare by phoenix321 · · Score: 2, Informative

      It's "flair" BTW.

      And we don't have to wear it - yet, BUT we have to *always* carry our passports or other state ID with us at all time.

      "Papers please" is not that far off, and some religious minority WAS forced to wear yellow pieces of flair once upon a time in German history...

      I think the EU is becoming worse than the USSR in maybe a decade. Thank God "rogue" states like Poland are bombarding and vetoing every decision the EU makes, so even the lowest common man is starting to realize what's happening at the EU helm. But that superstate is not going down fast and it's not going down silently. Expect riots...

    3. Re:Minimum Flare by mjbkinx · · Score: 3, Informative

      we have to *always* carry our passports or other state ID with us at all time

      I think you're misunderstanding "Ausweispflicht". We are required to possess a national ID card or a passport, not to carry it with us (which would be "Mitführpflicht"). There is a Mitführpflicht for drivers licenses, but only while driving.
  6. a New wall by jrwr00 · · Score: 3, Insightful

    Great We take down one wall and another comes up, why does the government fear computers so much that they must spy on everyone, can't they have a little trust

  7. Brazil has had such laws for years by mangu · · Score: 5, Interesting
    According to Brazilian constitution, the right to "personal dignity" always trumps the right to privacy or freedom of expression. You cannot say anything that could be considered "offensive" about anyone, even convicted felons have their right to personal dignity.


    Brazilian ISPs have always had the duty to record and keep everything that's sent by anyone over the internet. If someone feels defamed by anything that can be proved to come from that ISP, the company is held responsible if the author cannot be found. Brazilian judges have always been very, very eager to grant injunctions against any publication of personally derogatory words or images.


    This includes books too, a famous example was a few years ago, when a biography of soccer star Garrincha was pulled out of bookstores at the request of his daughters. The reason? It was stated in the book, based on his lovers' declarations, that Garrincha's penis was approximately 27 cm (11 inches) long. This book was later released, after an appeals court decided that saying a man has a large penis is not a derogatory statement.



    1. Re:Brazil has had such laws for years by CptPicard · · Score: 3, Interesting

      These kinds of "right not to be offended" laws are among the most ludicrous pieces of legislation you can imagine, sad to hear Brazil has such an extreme case. In Finland we've got a law against "incitement against a group" which sounds harmless enough (you'd fall foul of the law if you went declaring out on the street that you believe Jews/blacks/redheads should be killed, say).

      It's just way too easy for some group to have their sensibilities oh so deeply offended when one even tries to reasonably discuss whether something about them that affects you, too, should be perhaps reconsidered. I like to participate in Finnish language-policy discussions (long story short, the 93% who are Finnish-speakers are supposedly as Swedish-speaking as the 5,5% of them, and if they aren't, they must be made so), and it's incredible how massively offended some Fenno-Swedes can be at the mere suggestion that I happen to be Finnish-speaking, and that no, I don't think it is much of a flaw in my character (or that of my possible children) that needs fixing by state intervention...

      Of course, this offends their dignity much and I've been told on numerous occasions that I'm close to inciting against a group.. :-)

      --
      I want to play Free Market with a drowning Libertarian.
    2. Re:Brazil has had such laws for years by Anonymous Coward · · Score: 2, Funny

      Jag är en svenska-talande finne, du insensitive bigot!

    3. Re:Brazil has had such laws for years by Doctor_Jest · · Score: 2

      That's the rub, isn't it? Now, I hope that Germany errs on the side of caution, but hey... anything can happen. If they do not provide a criteria like current personal property investigations, and if they allow more blanket rules abiding on "national security" (the current buzzword to trump personal liberty these days)... then we have a problem.

      I don't suggest that Germany's law is any of these things, but when they get their ideas to start enumerating and "modernizing" their laws, we tend to be on a slippery slope. "Data can be deleted! We must mandate retention laws" "Spoofing IPs is rampant! We must mandate no-spoofing clauses" "Anonymous email is a tool of the wicked! Only evil people want to remain anonymous! We must eliminate anonymous email.."

      I mean, it's the fear that people will not behave rationally in the face of danger that has the Western world in a pickle. My original point still stands (because where the US is today is the same place Germany might be... "modernizing" their laws to cope with new technology... and look what a mess we've made of it...) And no, it's not all Shurb's fault. This has been going on for a long time.. Decades of erosive legislation that simply stomps all over personal liberty... in the name of not only "modernizing" laws, but to expand police powers, and expand the reach of our already intrusive government...

      yeesh. Now I've depressed myself. ;) I need a nap. :D

      --
      It's the Stay-Puft Marshmallow Man.
    4. Re:Brazil has had such laws for years by CptPicard · · Score: 2, Interesting

      Lived the first 15 years of my life in Sievi, so at least the Finnish-speaking part of Ostrobothnia is very familiar to me... my father's side of the family comes from Northern Karelia, I studied in Helsinki and now am settled in Nurmijärvi. Been to most parts of the country during my lifetime... got some Swedish-speaking friends, the smarter of them are capable of discussing this, although from their annoyingly typical POV that just simply refuses to see the Finnish-speaker's side of the coin. When it doesn't exist on their mental map, it's not worth commenting on. The less friendly encounters have seen someone from the tiny one-party Swedish-speaking towns on the coast bursting "I DESPISE KARELIANS!!" straight at my face. A really smart move considering that I have a lot of Karelians in the family tree who certainly never spoke a word of Swedish.

      I've raised the issue personally enough times with people to see very clearly that accusing critics of "hating the minority" seems to be a general strategy -- after all, emotional manipulation is a good tactic; also, just see how SFP [Swedish-speakers' party] handles the issue in the media. People like Henrik Lax [one of their political heavyweights] are always whining about how he's being oppressed when not everyone else is like him. FST [the Fenno-Swedes' politically loaded channel within our public broadcaster] ran a hit-piece on internet discussions branding them as "incitement against the minority"... sure, there is a lot of garbage (against Finnish-speakers too), but there are people actually seeking to counter the liturgical bullshit as well, and we get our fair share of mindless accusations. We're pretty close to having the whole issue censored in this country, although the reality is quite different from what our policy is supposedly "upholding".

      For an outside observer it would probably be most interesting to take home the point that in our discussion climate on the topic, a Finnish-speaker becomes intolerant of a Fenno-Swede through mere assertion of his existence. Because the law says the country is bilingual -- and as it is strangely being read as "everyone has to be Finnish-Swedish bilingual" -- if you don't fit the picture, you, or at least your offspring, must be molded to fit it. Considering that this is done to preserve a certain language group's "rights" and "special character" or whatever, one needs to wonder if it is not just wee bit hypocritical to suggest that someone just has "issues with minority rights" if they don't play along when their own "self" is being co-opted in the name of tolerance. Who exactly is having issues with whom?

      Speaking of bigotry... love the way how you point out that in Vaasa reasonable intelligence and bilinguality correlate ;) From there, there is just a small step to that staple of Fenno-Swedish fantasy that we hear of often.. that in order to increase Finnish-speakers' intelligence, they must be taught Swedish from an early age. It's a half-racist idea, but there you go. Personally, my experiences of Vaasa and people from there are nowhere near the Fenno-Swedish concept of it being a bilingual utopia, but perhaps I just haven't looked deep enough... or more likely, there is a selection bias due to what kind of people one meets.

      Anyway, I am really proud I haven't bought into the bullshit but think for myself, am a "reasonably intelligent" person, and am getting my third language fluent. None of them are Swedish, none of my international acquaintances have never shunned me because of my mother tongue (cue Henrik Lax about Finnish being an "alien language in Europe"), and I plan on being living proof till the end of my days that this isn't the 1800s anymore :P

      --
      I want to play Free Market with a drowning Libertarian.
  8. Inevitable my dear watson by wamatt · · Score: 4, Insightful

    Its taken the luddite politicians 20 years notice the rise and power of the internet. Virtual will mirror real world as power is rested from the techies into corporate and gorvernments. Privacy will never be mainstream. Although it will still exist for those willing to go the extra mile. Enjoy it while it lasts.

    1. Re: Inevitable my dear watson by Elemenope · · Score: 4, Insightful

      Yeah, privacy is dumb. Who could possibly use privacy for good purpose?

      Perhaps the political dissident who would be jailed for expressing himself in public.

      Perhaps the gay man who is unfortunate enough to love someone in Ala-fucking-bama.

      Perhaps the abused wife who is trying to flee from an obsessed husband.

      Perhaps the ex-con who wants to escape the shadow of his past and live legitimately.

      Yeah, privacy is the darkness that clouds everything. Sure.

      --
      All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
    2. Re: Inevitable my dear watson by Kennon · · Score: 2, Insightful

      Privacy should disappear. It's the darkness that allows evil to grow and spread.

      Wow why does it not surprise me that the url in your header points to a berkley.edu server? Disconnect from reality much? Anonymity does allow for evil but it also allows for an amount of good that outweighs any amount of evil. The ability to speak out with zero fear of repercussion is a foundation of free speech. If you remove that you begin dismantling the first amendment, at which point we start exercising the second amendment.

      --
      "All those moments, will be lost in time...like tears in rain..."
    3. Re: Inevitable my dear watson by Elemenope · · Score: 4, Insightful

      So, riddle me this: if "The 2nd Amendment" is all that was required for people to exact satisfaction from corrupt politicians who act with impunity, why haven't the leaders of our USA, surely a corrupt bunch whose shady dealings and flouting of constitutional rule have been more than amply public, been dropping like flies under a hail of patriotic bullets?

      Most bigots against homosexuals et al. are plenty public about their hatred and sometimes even murderous intent. Doesn't, in most cases, seem to help.

      The "light of the public eye" in most cases has very little but prosaic value, especially for people powerful enough to craft their own public image or, shock of shocks, actually own a PR firm or media outlet who will spin about them and their actions however they desire for the consumption of the viewing and judging public. You seem to have a very simplistic view of just how far the projection of power can extend its corrupting influence if you believe that people, upon being exposed to public wrongdoing will cancel the corruption of the powerful.

      --
      All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
  9. Pressure can make a difference in the West by weston · · Score: 3, Insightful

    One difference is that in the West, you can pull maneuvers like this and sometimes they actually make a difference. China probably wouldn't have cared much at all if Google had gotten petulant, and it certainly wouldn't have mattered to them whether or not their citizens lost access to something valuable. In Germany, who knows?

    And cynical types can always note that China is a much bigger market than Germany.

    1. Re:Pressure can make a difference in the West by J'raxis · · Score: 3, Insightful

      Exactly. Google's company policy seems to be the (rather prudent for a corporation) "follow the law in the countries in which you operate." In the US, they were able to refuse to refuse to do this because they have legal recourse, for example. This probably doesn't fly in China.

    2. Re:Pressure can make a difference in the West by crazyjimmy · · Score: 3, Informative

      Correct me if I'm mistaken, but I was under the impression that Google has refused to provide any functions other than search in China. They don't host their gmail servers or any of their info that contains user info. They don't want the government using them to track its users, and that's the same here as it is in China.

      Or has something changed that I hadn't heard about?
      --Jimmy

    3. Re:Pressure can make a difference in the West by HALsaves · · Score: 2, Informative

      That is exactly right. Google does not offer gmail in China for this exact reason. They are not being hypocritical at all.

  10. Why not just do what we do in the US? by weston · · Score: 4, Insightful

    Why bother with the law? Seems to me all you need to do is *let* businesses do the tracking (which of course they're going to want to do, because data mining is especially useful for marketeers), and government just needs to occasionally ask nicely for copies?

    Better yet if you've also got a unitary executive to go along with it.

  11. Pick and Choose Where to Make a Stand? by Black-Man · · Score: 3, Insightful

    Stand up and fight Germany, but let China and their ilk off the hook. Glad to see consistency w/ these companies.

    1. Re:Pick and Choose Where to Make a Stand? by DrEldarion · · Score: 2, Insightful

      Er, you're comparing apples to hedgehogs here.

      In Germany, they're trying to prevent abuses by the government by refusing to compromise on anonymity as required by a new law.
      In China, they're trying to gain a foothold in the market, which will allow them to help democratize information. Some access to information is better than no access to information, especially when they specifically say that results are being left out due to the government.

      I really don't see what everyone's beef with Google in China is. There are two choices here:

      1) Don't change, and have the Chinese government block you completely. Other search engines, run by or faithful to the Chinese government will take over and people won't get the results they need and won't have anyone fighting for them. You have no influence over anything now.
      2) Change, and have a market in China. Provide the Chinese people with as much information as you can given the restrictions placed on you, and try to help change government policies that you don't like. When hundreds of millions of people are using your service, you have influence.

      Do all you people *seriously* prefer the first option? If so, you're shortsighted fools. A temporary compromise is far better than a permanent lack of possibility to drive change.

  12. Re:so will it be a crime to have open 802.11 route by Wellington+Grey · · Score: 2, Interesting

    How does germany plan on enforcing this?


    Dude, they one of the largest people moving exercises in history with only the most primitive of computers, I think they could handle easily detectable wireless in 2007.

    -Grey
  13. Re:Privacy != anonymity by BoberFett · · Score: 5, Funny

    I notice that you're using a pseudonym rather than posting under your full, legal name. What are you hiding?

  14. They have the infrastructure in place by localroger · · Score: 4, Interesting

    Germany already requires licenses for TV sets and things like baby monitors. And they enforce it. They actually have vans equipped with detection equipment that scan for electromagnetic radiation from these devices, and if you're not on record as having paid the tax their is a knock on your door. Extending this to 802.11 will be trivial.

    --
    Brackets contain world's first nanosig, highly magnified:[.]
    1. Re:They have the infrastructure in place by thebigbluecheez · · Score: 5, Interesting

      Similarly when you pick up a pre-paid SIM card for your phone, you get a form asking you to register your phone number. You have to go show ID and then the O2 (or whichever) shop keys your information in. They took my passport number, an address, punched it into the computer and said have a nice day. Had I not gone in and registered my SIM card? Phone number goes dead in two weeks, no questions asked.

      Compare this to the 'States, where getting pre-paid service is about as anonymous as a cell phone gets.

      Does anyone (any Germans in the house?) know what they DO with this? Why is it required to register my phone? Why?

      --
      I like your Macs, but I don't like your Mac users. (with apologies to Gandhi)
    2. Re:They have the infrastructure in place by Anonymous Coward · · Score: 2, Informative

      These vans are a (widespread) urban legend. I live in Germany and I know a lot of people who don't pay those dues, despite having a radio and/or a tv. Actually, I have a radio and a TV-Card and don't pay them myself. They really come and knock on my door from time to time (like once a year...) and ask me wether I have devices I want to register, but so what? I just say "no" and I don't have to let them in.

    3. Re:They have the infrastructure in place by dunkelfalke · · Score: 4, Informative

      the GEZ vans are an urban legend

      --
      Conservatism: The fear that somewhere, somehow, someone you think is your inferior is being treated as your equal.
    4. Re:They have the infrastructure in place by icepick72 · · Score: 3, Funny

      And now that they're retaining Internet usage records and can trace your Slashdot comment back to you, you will receive a knock at your door to register the remainder of the equipment.

    5. Re:They have the infrastructure in place by Lars+T. · · Score: 2, Funny

      Does anyone (any Germans in the house?) know what they DO with this? Why is it required to register my phone? Why? Relax, it isn't the evil government asking you for the data, it is the benevolent mega-corporation - your data is in safe hands.
      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

  15. Re:Privacy != anonymity by J'raxis · · Score: 2, Insightful

    If you're not anonymous, you don't have real privacy. If what you're doing online is being monitored and linked to you, then the only thing that stands between you and that loss of privacy is some flimsy company policy, or in some places, legislation -- both of which always have exceptions allowing the information to be handed over to law enforcement for a variety of reasons.

    If the data exists, the government can get hold of it. You only have privacy if the data was never collected in the first place.

  16. How would they enforce it by antifoidulus · · Score: 2, Interesting

    Couldn't Germans just sign up with another countries gmail and then use that? Or is the german government going to force ISPs(which they have a large say in one of the largest ones, Telekom) to block access to gmail? I am an American currently living in Germany and I use my gmail account(which I registered for while I was still a student at Penn State) as my main email address. Would I be affected by this? TFA is pretty light on details.

  17. Info... by Raven737 · · Score: 4, Informative

    Here the original Spiegel Article(in German, of course).

    Information about the draft law and what people can do to prevent it from being passed can be found at the following site:
    http://www.vorratsdatenspeicherung.de/ (also in German)
    What's scary is the range of people that are supposed to get access to the collected information,
    it's not just the police but also "Nachrichtendienste" (news agencies!?) and "ausländische Staaten" (other countries, apparently any that ask)

    I'm guessing this is caused by some lobby/bribe action of organizations like the RIAA/MPAA.
    I can't think of one good reason of why this might be good for anyone,
    criminals will just use bot proxies or other means to bypass the tracking/collection and in the end
    it will just be the honest people that get f#cked because with general government incompetence
    the the data will end up in the criminal's hand's and used for who knows what.

  18. Re:Privacy != anonymity by Wellington+Grey · · Score: 3, Funny

    I notice that you're using a pseudonym rather than posting under your full, legal name. What are you hiding?


    He's a bounty hunter, Mr Fett.

    -Grey
  19. Why I post "anonymously" by Anonymous+Brave+Guy · · Score: 5, Insightful

    I'm hiding my full real name. :-)

    Actually, and perhaps rather paradoxically, very few of my on-line writings have my real name attached to them. I wrote here a little while ago about how I'd cancelled all my accounts on social networking sites as well.

    I have a very clear reason for doing this: in today's culture, posting under my real name gains me nothing and risks a lot. This is, in fact, where I came in. What we should have are real privacy laws, which prevent the kind of arbitrary collection, sharing and mining of personal information that businesses and governments are increasingly using as technology makes it easy. Until we have these, pseudo-anonymity is a somewhat effective defence, but it's only a band-aid for a greater problem.

    The other problem is that society hasn't yet learned that you shouldn't trust everything you read on-line and no-one is perfect. In a sensible world, a prospective employer finding a picture of you doing something stupid while you were a student a decade ago wouldn't be a problem, because they'd just think "Oh, well, a lot of us did stupid stuff when we were students". In a sensible world, a hint in a personal blog that you enjoyed chemistry would not result in police visiting your home because someone reported you as a terrorist. In a sensible world, mentioning your employer by name in a blog wouldn't get you fired (or at least, told to close down the blog or you'd be fired). And so it goes. But this is not, yet, a sensible world.

    Before we can reach that world, people need to grow up and realise that no-one is perfect. Finding the odd character flaw or past indiscretion is not the best criteria on which to judge another human being. As I've noted before, if I had taken personal offence every time one of my friends did something that hurt another of my friends, then I would long since have run out of friends. And yet, I know that all of my friends are basically decent people, and that it is just an unfortunate reality that sometimes relationships don't work out and people get hurt, so I am very glad to have the friends I do regardless of any isolated incidents that I might have disliked if I'd been on the wrong end of them.

    I am optimistic about this, but I think things have to get worse before they get better. With the current generation growing up with social networking sites who are data mining them like crazy, and who have little concept of personal privacy and why it matters, I think a lot of people are going to get screwed over the next 5–10 years. But after a little while, it will become pretty obvious to everyone that this is stupid. People will stop believing every little thing they read about someone, employers will stop vetting people extensively on their Internet footprint because the method will lack credibility, and when citizens/consumers realise how much they're getting screwed I think they will demand privacy laws that prevent the kinds of abuse that are increasingly happening today.

    So, until we reach that point some way down the line, when society has grown up enough to understand the value of privacy and the need to respect people's public personas in a world where most people have an Internet presence somewhere, I choose to protect myself from the damage by posting under pseudonyms on "casual" forums like this one. But I would rather live in a world with serious privacy laws and a grown-up society, where I could write my genuine thoughts here and put my real name to them, knowing that I wasn't going to risk being sued for saying something that inadvertently gave the wrong impression. In that world, I wouldn't need anonymity, and I would be happy to stand by what I write here, with my real name attached.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  20. USA is a war country by Skapare · · Score: 2, Insightful

    USA is a war country. The only way for the president to gain power is to declare a war. A war on drugs, a war on hippies, a war on terrorists, a war on geeks, a war on freedom. Good war or bad, it's what power hungry presidents have to do.

    --
    now we need to go OSS in diesel cars
  21. Re:Privacy != anonymity by lostlyre · · Score: 2, Insightful

    You say there is a fine line. The line may be fine, but the choice is still clear: when in doubt, preserve a right - do not take it away. Surely you don't disagree with innocence until proven guilty or the right to bear arms in order to overthrow an oppressive government. Both can lead to bad situations such as setting a guilty person free for lack of evidence or murder. Anonymity is, up to this point, a natural human treasure-just another freedom we have. Once you let a ounce of it go, it's never coming back.

  22. Re:Welcome to the Fourth Reich by Anonymous Coward · · Score: 2, Insightful
    The purpose of data retention, of course, is for long-term profiling. The first example of how this was put to use by an oppressive regime is described neatly in Amazon's review of IBM and the Holocaust:

    The crucial technology was a precursor to the computer, the IBM Hollerith punch card machine, which Black glimpsed on exhibit at the U.S. Holocaust Museum, inspiring his five-year, top-secret book project. The Hollerith was used to tabulate and alphabetize census data. Black says the Hollerith and its punch card data ("hole 3 signified homosexual ... hole 8 designated a Jew") was indispensable in rounding up prisoners, keeping the trains fully packed and on time, tallying the deaths, and organizing the entire war effort. Hitler's regime was fantastically, suicidally chaotic; could IBM have been the cause of its sole competence: mass-murdering civilians? Better scholars than I must sift through and appraise Black's mountainous evidence, but clearly the assessment is overdue.


    The technology has advanced way beyond the need to scapegoat by something as simplistic as "being a Jew", of course. Now we can identify and track undesirables based on a far wider range of properties and prior acts. The technology is being built; the checks on government power are being eroded while the population is being suitably distracted; ministers with the appropriate philosophical basis are coming to power. There's no need for a massive conspiracy, just for these people to take advantage of the next terror/paedophile/whatever scare to further their own aims, while turning a blind eye to information which might really take the population out of a perpetual state of fear.

    When an apologist cries, "If you were really oppressed, you'd already be in prison for saying this!" he misses the point - far more efficient and reliable than silencing anyone who speaks against you, is to begin by drowning out with a louder beat all but those who present the greatest threat. If you are being left alone - if you haven't yet appeared on a harass-when-flying list; if you've never been photographed, searched, and "asked" to move on; if no-one's come to your door and asked "how you feel" about some political event - it is not a testament to your freedom, but a warning that you're not effective enough. Don't worry, the bar is being slowly lowered; just as ten years ago those who are now being picked out would have been left alone, give it another decade and maybe your voice will be a little too loud for your government's comfort.
  23. A german's view by babooo404 · · Score: 3, Interesting

    FYI, I asked my German friend to comment on the topic and at the bottom of the article are his comments:
    http://www.centernetworks.com/first-flickr-now-goo gles-gmail-has-issues-in-germany

  24. Re:Move the servers to the US by cpghost · · Score: 2, Informative

    That's not the solution. Germany has jurisdiction over DeNIC, the .de registry. So they could have them pull the DNS records for any reasons. The solution is for privacy-aware Germans to use a generic gTLD domain like, say, .net, .org or .com.

    If Google closed shop in Germany, so what? All what Germans need to do is to use google.com, over which Germany has no influence whatsoever. Actually, it's Google that's pushing Germans to google.de and force them use googlemail.com instead of gmail.com for GMail, with some kind of geo-based IP detection, even if they go to google.com. Crazy! Now would be good time for Google to stop this country-specific nonsense and let users choose (without forcing them to set cookies, use proxies to sign up for gmail.com addresses and what not).

    --
    cpghost at Cordula's Web.
  25. Historical analog by Actually,+I+do+RTFA · · Score: 5, Insightful

    Disclaimer: I am an American, however, I was forced to take European history. Are people in Europe ever required to take American history?

    Let's start with your major contention: Basically it means they can push through the EU constitution that was thrown out by voters in 2 of the countries last time, without the pesky annoyances of, oh lets say, the people of the EU [Ed's note: I assume you mean the people of the two dissenting EU contries] voting on the matter...[A constitution that requires] only a majority of countries are needed for things to be agreed upon not unanimous...

    An example from US history would be the movement from the Articles of Confederation (which did require unanimous ratification of the Articles and the laws) to the US Constitution (which required a 3/4 ratification for the Constitution and simple majority for the laws). The reason the US Constitution only required 3/4 ratification was to force Rhode Island and Providence Plantation and North Carolina to join the Union (since they were known to oppose it) and leave a one state buffer. The reason why the simple majority system works better, well perhaps I best use a European example: "Poland was a country ruled by a council of 500 barons, all of whom had to agree for anything to happen. This allowed Poland to get ****ed by anyone who could make a simple decision."

    Basicailly, the Articles of Conferation were a flop, and there needed to either be one or thirteen states. Similarly, any EU requiring unanimous consent will also fail. History abounds with examples where the needs of building or running a nation mean forcing people into the social contract. There doesn't seem to be any other way for the world to work.

    --
    Your ad here. Ask me how!
    1. Re:Historical analog by Moridineas · · Score: 2, Insightful

      the difference between us-american and european history is fundamental. in other words, a few thousand years. us-american history is in fact european history. That's a very Euro-centric point of view!! Ironic?

      but some us guys treat their 500 years of history like it was going back to the antique ages. that's not the case. How so? Who exactly treats it that way? This seems somewhat out of the blue... Are you trying to claim that because American history is at most 500 years, there is nothing to learn--lessons or otherwise? That seems a rather shocking thing to say..

      the usa population quite successfully wiped out their two real histories: natives are forgotten and europeans are not americans. Again, where the heck are you getting this? I went through 12 years of public education in the US, and believe me--we learned a great deal about our nation's treatment of native americans. Everybody knows of the "trail of tears" and of the deaths of millions of natives. I think you might be shocked by how many Americans have some native american ancestry today, btw... I have no idea where you are getting this crap.

      Your second point--"europeans are not americans"?? Europeans are NOT Americans. Many Americans may have at various times BEEN from Europe, but what on earth are you trying to say here? It doesn't make sense to me. America is fully derived from Europeans--population, philosophies (Locke and various Anglo/Scottish/etc philosophers played a huge role in the early days!) but that does not make us Europeans.. is that what you're claiming?

      all this "new-world" vs "old-world" crap because of a difference of 500 years. Ok, I'm starting to get it... i think this is a sore point that you rant on all the time? because NOBODY brought up "new world" / "old world" divide. (Though I would add that it was EUROPEANS who created the term New World, as it has been in usage for 500 years!!)

      there didn't much real change happen in those years either. maybe the civil war and the slavery thing, but my grandfather lived in a kingdom (small period of democracy in between), in a dictatorship, in socialism and finally in capitalism. he never ever changed his place of living, but he had to change his currency 4 times, he was from berlin. You're absolutely right. With the exception of the civil war (~5 years out of ~220) American society has been far, far more stable than that of Europe in the last 200 years.

  26. VOTE PARENT UP! by SmokedS · · Score: 5, Insightful

    I very rarely post vote parent up posts, but this is just too important to languish at Score:2.

    Our national democracies is being systematically taken over by this mockery of a democratic system and the mainstream press is all but silent on the matter.
    The semi-informed Europeans point the finger at the present state on non-democracy in the US and feel superior. The truly informed Europeans are attempting to make the rest realize that we are just a few years behind. The same powers that have almost completely removed any real democracy from the US are hard at work doing the same to the EU.

    Please people, wake up and make your voices heard through protests, and through votes before it is too late.

    1. Re:VOTE PARENT UP! by Opportunist · · Score: 2, Insightful

      A few years behind? Personally I think we're about to show the US how to build the road to a democratorship.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:VOTE PARENT UP! by SmokedS · · Score: 2, Insightful

      Indeed. With movements such as the one I assume you are referring to: the UK is just a few steps away from protesting being redefined as terrorism in the Orwellian landscape of current political newspeak. The UK will be in dire straits indeed then. Protesters could be legally incarcerated or whisked away to other countries for a bit of friendly torture/reeducation.

      I think the basic problem is that people do not want to believe that their leaders could be capable of such acts. Somehow most people disengage their critical faculties when thinking about politics and politicians. On the one hand just about everyone is convinced that corruption is rampant. At the same time the very same people will instinctively insert a huge and powerful it_must_be_just_misguided_good_intentions filter when they observe the actions of politician:

      "I'm sure he means well. He truly believes that gradually taking away the freedom of the population will make us safe from terrorists."

      "It's to save the children that every single citizen must be spied upon!"

      "I'm sure they really thought Iraq had weapons of mass destruction."

      "I'm sure that the way they ignored all the sites with radioactive materials during the invasion, choosing to go straight for the oil, was an honest mistake. Too bad about the population drinking water from radioactive barrels freely pillaged from the areas that we said were our targets but we failed to care in the least about during the invasion."

      "I'm sure they really are planning to leave Iraq. Huge permanent bases? You must be mistaken. We went in to free Iraq, or was it disarm? Or to fight Al Quaeda? Or because they planned 9/11? Well anyway, one of those, it was for a good cause."

      How do you describe people that go out of their way to interpret reality in terms of misguided good intentions on the part of their leaders?

      Sheeple is a rather offensive term, but it sure does fit the bill nicely.

  27. Re:so will it be a crime to have open 802.11 route by tfried · · Score: 2, Funny

    How does germany plan on enforcing this?

    What do you mean, how do they plan on enforcing this? Since when do lawmakers around the world need to worry about this sort of praticalities when passing idiotic internet laws? How could they possibly be expected to? Next thing you'll want them to actually understand the technical issues before making a decision, eh?

  28. Re:so will it be a crime to have open 802.11 route by maxwell+demon · · Score: 2, Funny

    *Puts insecure wireless router into gas chamber*

    And that helps? Yes. It will kill all the bugs.
    --
    The Tao of math: The numbers you can count are not the real numbers.
  29. As a resident of the Federal Republic of Germany by vorlich · · Score: 4, Insightful

    Gründlichkeit or thoroughness is just so much part of the German character. Back in Scotland you could read the important parts of the Blue Book tax guide in the bookshop and easily identify any new legal tax avoidance strategies. You couldn't do that with the German Tax Books there are about 127 of them. My accountant just photocopies pages out and sticks them in the tax return. You have to pay canal tax but there's no canal and you don't get one either. As for thoroughness, Non-German partners are often very surprised when they clean the entire house from top to bottom only to have their partner point out that they forgot the single cup they drank their post cleaning coffee in which is standing on the immaculate sink - dirty. There is no mention of all the good work, because the concept of balancing good things against negative things (one good thing outweighs loads of bad things) is rather specific to English speakers. German anthropology uses the concept of a linear measure of perfection (or distance from it!) and the streets are so clean you could eat your dinner off them. Well, almost but this is the real reason behind this action, more national character than conspiracy.
    I should confess to reading lots of Tabloid newspapers though but I have also read Critique of Pure Reason if that counts for anything curiously neither activity appears to have had any lasting effect, whereas Counterstrike, now that's a whole different kettle of fish...

    --
    Posts, MyBio or Sig, may contain satire, sarcasm, bolded nouns be sardonic or even witty & be Church of SD
  30. As a Greek... by gchat · · Score: 2, Funny

    ...I'm happy that the members of my parliament doesn't even know what Internet is!

  31. Re:WTF? by scuba0 · · Score: 2, Insightful

    There is a huge difference between the government recording and watching everything you do and a company that you volunteer to use their services if they can watch how you surf their webpages.

    The government forces the surveillance on you and could do tremendous damage, look at the US, Stalin, Hitler, Cuba, Venetzuela, Saudi Arabia and China. Next up is Germany and then the rest of EU. Happy hunting.