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Strict German Computer Crime Law Now in Effect

SkiifGeek writes "With little fanfare, section 202c of the German computer crime laws came into effect over the weekend. Worryingly for Security professionals, the laws make the mere possession of (creates, obtains or provides access to, sells, yields, distributes or otherwise allows access to) many useful tools illegal. A similar law was proposed for the UK, however it was modified prior to passing through parliament due to the outcry from the industry. Phenoelit, KisMAC, the CCC, and the Month of PHP Bugs are just some of the relatively high profile projects and groups to have already taken measures to remove or modify content under this law."

226 comments

  1. in my humble opinion... by Anonymous Coward · · Score: 0

    Our precious series of tubes is doomed

  2. Very smart move by SamP2 · · Score: 5, Funny

    Germany is making sure that when they start a new world war, there will be no legal tools to crack their enigmas!

    1. Re:Very smart move by LarkaanSoban · · Score: 2, Insightful

      Germany is making sure that when they start a new world war, there will be no legal tools to crack their enigmas! A new record for Godwin's Law... Three posts. As for TFA itself (or at least the summary), this is what happens when the computer illiterate think they should try to do something about them computer thingies. Chaos insues, and they end up making themselves look like fools.
    2. Re:Very smart move by Hoi+Polloi · · Score: 1

      Too bad they can't enforce it in their old enemy, Russia.

      --
      It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
    3. Re:Very smart move by Kong+the+Medium · · Score: 1

      We don't need to enforce it in our old enemy Russia. We need to enforce it in our older enemys, France. Wait a moment ... :-)

      --
      ... whenever a text is transmitted, variation occurs. This is because human beings are careless, fallible, and occasiona
    4. Re:Very smart move by sumdumass · · Score: 3, Informative

      My understanding of Godwin's Law is that you have to compare someone or something to hitler or nazi's and so on. Mere mentioning them wouldn't invoke it. Otherwise, how could you have a discussion over which tank was better during ww2 or whatever.

      I'm not sure it was invoked here.

    5. Re:Very smart move by Anonymous Coward · · Score: 1, Informative

      Germany is making sure that when they start a new world war, there will be no legal tools to crack their enigmas! A new record for Godwin's Law... Three posts. Godwin's Law is: "As an online discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches one."

      Since Germany is the topic, and no comparison to Nazis or Hitler was involved, then no invocation of said law occurred.
    6. Re:Very smart move by fbjon · · Score: 5, Funny
      You're like some damn Godwin-law-Nazi.


      There you go.

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    7. Re:Very smart move by mano_k · · Score: 1

      Godwin's Law is: "As an online discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches one." Since Germany is the topic, and no comparison to Nazis or Hitler was involved, then no invocation of said law occurred. No, this is not a case of Godwin's law. Germany managed to start one world war without the Nazis!
    8. Re:Very smart move by Knuckles · · Score: 2, Informative

      Disregarding the fact that the "comparison" case really is a corollary to the law (the law it self just states that the probability of such a comparison occurring approaches 1 with thread length), you have to compare someone/something that is obviously not comparable. Not every comparison violates Godwin's law. In fact, the law's intent is precisely to not let such comparisons become devalued, so that they can still be usefully applied when warranted.

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    9. Re:Very smart move by nr1 · · Score: 1

      To be fair, it was technically Austria-Hungary, who started the war against Serbia, after their Arch-Duke Ferdinand was assassinated in Sarajevo. Since UK, France, et.al. were allied to Serbia, they then declared war on Austria-Hungary, causing Germany to then also declare war against them through their treaty obligations to Austria-Hungary.
      In any case, everyone wanted war and has been pushing for it for some time. The actual powder keg situation that started hostilities was engineered by everyone involved for just this purpose.

    10. Re:Very smart move by cp.tar · · Score: 1

      A new record for Godwin's Law... Three posts.

      You haven't read the first post, have you?

      --
      Ignore this signature. By order.
    11. Re:Very smart move by Jessta · · Score: 1

      More like, Germany is making sure that when they start a new world war, all there computer systems are vurnerable to attack because their computer security industry was completely destoryed over night.

      These cracking tools are great ways to check for security issues with a network. I use nmap all the time for general networking to find out what service are running on a server that I can use.

      Damn it Charles!

      --
      ...and that is all I have to say about that.
      http://jessta.id.au
    12. Re:Very smart move by VJ42 · · Score: 1

      That was World War 1, Hitler and the Nazis started World War 2 by invading Poland.

      --
      If I have nothing to hide, you have no reason to search me
    13. Re:Very smart move by nr1 · · Score: 1

      No argument there.
      Interestingly enough, though, the Nazis still found it necessary to stage a Polish attack to convince its own populace of the reasons for war:
      http://en.wikipedia.org/wiki/Gleiwitz_incident

      Any conclusions or comparisons to modern times shall remain with the reader.

    14. Re:Very smart move by elrous0 · · Score: 1

      Proving once again why countries shouldn't have mutual defense treaties.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    15. Re:Very smart move by __aawkdb2598 · · Score: 1

      I'm almost sure you meant "chaos ensues", didn't you?

      ensue: Happen, or come afterwards or as a result.

    16. Re:Very smart move by KDR_11k · · Score: 1

      It could be argued that he did compare the current government to the NSDAP. Considering those "anti-teror" laws it's only a question of time until a "muslim" sets the Reichstag on fire.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    17. Re:Very smart move by KDR_11k · · Score: 1

      They also faked a terrorist attack by a religious minority on a famous building, enacting anti-terror laws as a response that allowed the country to be turned into a dictatorship.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    18. Re:Very smart move by nr1 · · Score: 1

      Right, forgot about that one. It was good old-fashioned communists, they blamed for it, though, which, I suppose, is somewhat like a religious group.
      The even had a catchy name for it: "Law to Remedy the Distress of the People and the Nation" (Gesetz zur Behebung der Not von Volk und Reich). Too bad it doesn't work as an acronym.

      http://en.wikipedia.org/wiki/Reichstag_Fire_Decree
      http://en.wikipedia.org/wiki/Enabling_Act_of_1933

    19. Re:Very smart move by Anonymous Coward · · Score: 0

      Yes, abuse of Godwin's Law may lead to problems.

    20. Re:Very smart move by bazio · · Score: 1

      I use nmap all the time for general networking to find out what service are running on a server that I can use.
      Don't worry, we will be subpoenaing Slashdot for your IP address. Soon, we will be sending agents to confiscate your computer, your CDs and anything containing the letters n, m, a or p. All for your computing protection.

      Widerstand ist vergeblich! Bereiten Sie vor sich angepaßt zu werden!
      Ihre ganze Unterseite sind gehören uns!
      --
      Set the bar high, then bring a tall ladder.
    21. Re:Very smart move by joto · · Score: 1

      Thank You, Captain Obvious!

    22. Re:Very smart move by KDR_11k · · Score: 1

      Dunno, I always heard that they blamed the Jews for it.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    23. Re:Very smart move by Anonymous Coward · · Score: 0

      It could be argued that he did compare the current government to the NSDAP. Considering those "anti-teror" laws it's only a question of time until a "muslim" sets the Reichstag on fire.

      That already happened...

      ...September 11, 2001

      That's how we got those anti-terror laws.

  3. So... by jamstar7 · · Score: 3, Insightful
    I read TFA, but I'm still not clear on something. By 'create' a tool, they do mean compilers like gcc & fpc, and of course the bash shell, right?

    Looks like I'm a criminal in Germany then. Wonder when they're gonna demand my extradition...

    --
    Understanding the scope of the problem is the first step on the path to true panic.
    1. Re:So... by julesh · · Score: 1

      By 'create' a tool, they do mean compilers like gcc & fpc, and of course the bash shell, right?

      I posted an automated translation of the law in response to Fyodor's thread, above. But the relevant fact is that the "purpose" of the tool must be hacking. So, you'd be pretty safe with these. Fyodor's on a little muddier ground, though.

    2. Re:So... by usrusr · · Score: 1

      > But the relevant fact is that the "purpose" of the tool must be hacking.

      Fine, then bury the old unix mentality "one tool for one problem", add a picture viewer to your botnet-installer-rootkit-worm. Or an IM client to your DRM breaker, if you are more concerned with the original than with this new german DMCA++ clone. It's never as easy as you would like it to be.

      --
      [i have an opinion and i am not afraid to use it]
  4. Makes perfect sense... NOT by Zondar · · Score: 1

    To reduce or eliminate computer crime, first step is to make illegal the tools to determine whether or not you are vulnerable, and tools that find unknown vulnerabilities.

    Makes you wonder if any of the vulnerability scanner companies will ever be able to do business in Germany again. I guess every company that has such a scanner has to now turn the devices over to the state?

  5. There is no effective law against curiousity by postbigbang · · Score: 4, Insightful

    Well intentioned, this is the sort of reason why lawmakers need an education in how improvements are made in software and hardware. You can't stanch curiousity by outlawing it. The German software industry gave us improvements to Linux from SuSE, Project LiMux, and a raft of excellent tools for debugging, general hacking, and just plain good creative code.

    Now a Damocles sword hangs over the head of the genuinely interested German hacker. And hacks will continue across the rest of the planet, because improvements are iterative lessons learned from mistakes.

    Why not instead develop infrastructure that allows ISPs to eliminate machines controlled by bots? Or find a way to make a better international citizen out of PTT-behaving Deutche Telekom/T-Mobile? Or perhaps learn the lessons from the fear-engendering legislation that's now law.....

    --
    ---- Teach Peace. It's Cheaper Than War.
    1. Re:There is no effective law against curiousity by Prof.Phreak · · Score: 4, Funny

      ...curiosity kills cats.

      --

      "If anything can go wrong, it will." - Murphy

    2. Re:There is no effective law against curiousity by DaedalusHKX · · Score: 4, Insightful

      Nah, its the same crap. Its just that when other "verboten" communities get hit (gun owners, free speech, etc) you get upset that they weren't hit harder.

      I believe it was Thomas Paine circa AD 1776 or so, who wrote: "In order that liberty be preserved, we must not allow oppression even unto our enemies, for in doing so we set a precedent that reaches back into ourselves."

      What goes around, comes around. Perhaps the more this crap hits the geek community, the more you realize that "free speech" refers to "all speech" not just yours. The same with "free" anything. And the same whether it starts in Europe or here. The Socialists left Germany and Russia and eventually conquered America without firing a single shot. Thank John Dewey and the Prussian Socialist School System he pioneered for us "'murkens".

      PS - there is NO "well intentioned" law that ever restricts any freedom, except that to take action and to garner the natural consequences of one's action. State enforced "consequences" (aka punishments) and "criminal" status that occurs via the stroke of a pen is never well intentioned. Only seems so to those who still believe in "random coincidences in politics".

      --
      " What luck for rulers that men do not think" - Adolf Hitler
    3. Re:There is no effective law against curiousity by postbigbang · · Score: 2, Insightful

      I'll reply with a useless aphorism that says that the road to hell is paved with good intentions.

      Obviously, this one was both ill-conceived and ill-executed.

      It stops nothing but improvement.

      Perhaps we can hire some ex-pat German coders! H1Bs ought to be easy now, right??

      --
      ---- Teach Peace. It's Cheaper Than War.
    4. Re:There is no effective law against curiousity by iamdrscience · · Score: 5, Funny

      I believe it was Thomas Paine circa AD 1776 or so, who wrote: "In order that liberty be preserved, we must not allow oppression even unto our enemies, for in doing so we set a precedent that reaches back into ourselves."
      Yes, but it is to be expected that most people won't understand that because after all, like Thomas Paine said: "Time makes more converts than reason".

      That's right, I countered your Thomas Paine quote with another Thomas Paine quote. I'm challenging you to a Thomas Paine quote-off! May the best Thomas Paine quoter win! I urgently await your reply.
    5. Re:There is no effective law against curiousity by Anonymous Coward · · Score: 2, Interesting

      Yes, but it is to be expected that most people won't understand that because after all, like Thomas Paine said: "Time makes more converts than reason".

      Well, I guess we're really screwed then. To quote Thomas Paine, "The greatest remedy for anger is delay."

      By the time everyone else gets outraged about this, we'll all be cooled off.

    6. Re:There is no effective law against curiousity by Anonymous Coward · · Score: 0

      "We have it in our power to begin the world over again."

      - Thomas Paine

    7. Re:There is no effective law against curiousity by epee1221 · · Score: 4, Insightful

      Bah. Curiosity was framed. Ignorance killed the cat.

      --
      "The use-mention distinction" is not "enforced here."
    8. Re:There is no effective law against curiousity by gbobeck · · Score: 2, Funny

      Ignorance may have killed the cat, but for a brief moment OJ Simpson was a prime suspect.

      --
      Navicula hydraulica plena anguilarum est. Omnes castelli tuus nostri sunt. Ed elli avea del cul fatto trombetta.
    9. Re:There is no effective law against curiousity by Angstroem · · Score: 2, Insightful

      Well intentioned

      Not really. At least not the way you like to understand it.

      On a related side note -- not mentioned in the summary -- German legislation is currently pursuing efforts to get police and intelligence a new tool called "online searching", meaning just like they already can tap your phone or browse your bank account without you (or your phone company or bank) not even noticing they want to invade and raid your PC, scanning your HD and browsing your files.

      Since this requires techniques commonly refered to as "spyware", "trojans", and "worms" they laid the foundation for outruling tools which are able to detect the governmental spyware.

      *That* is the true reason behind this law. Not that they want keep the average joe from sniffing his neighbor's WLAN...

    10. Re:There is no effective law against curiousity by ScrewMaster · · Score: 1

      It's only a Sword of Damocles if you are unaware of it. This isn't threat designed to teach someone the value of life (as Damocles did to his party guest) but a definite public threat instituted by a government that is either misinformed or misguided.

      Not that Germany is doing any worse in that regard than the U.S. or England. None of them seem to have a clue when it comes to networks and the Internet, and genuinely seem to wish it would all just go away.

      --
      The higher the technology, the sharper that two-edged sword.
    11. Re:There is no effective law against curiousity by catman · · Score: 1

      That's what Omar Khayyam wished for, too.

    12. Re:There is no effective law against curiousity by a.d.trick · · Score: 1

      Yeah, but it wasn't the cat's fault. Some crazy scientist stuck it in a steel chamber, along with a Geiger counter, a tiny bit of radioactive substance, and a small flask of hydrocyanic acid. For some reason though, there's still a fair amount of conjecture on whether the cat is actually dead or not.

    13. Re:There is no effective law against curiousity by jahudabudy · · Score: 1

      I'm sorry to be pedantic, but you have the story and the meaning behind the phrase Sword of Damocles a bit confused. Dionysius didn't hang a sword over Damocles to demonstrate the value of life; he hung it over his throne after agreeing to allow Damocles be ruler for a day in order to demonstrate the perilousness of the throne; all Damocles could see before was the power and pleasure. Wiki linky

      It's only a Sword of Damocles if you are unaware of it.

      I am not sure about this, but I have never heard any sort of implication that Sword of Damocles refers to an unknown danger; merely an ever present, easily triggered danger inherent in a particular position or situation. For instance, Damocles himself became aware of his danger during the course of the meal.

      --
      ...sometimes, in order to hurt someone very badly, you have to tell that person terrible lies. - PA
    14. Re:There is no effective law against curiousity by Anonymous Coward · · Score: 1, Funny

      Ignorance is bliss. Uncertainty killed the cat. If the cat is dead, that is.

    15. Re:There is no effective law against curiousity by Anonymous Coward · · Score: 0

      "infrastructure that allows ISPs to eliminate machines controlled by bots?"

      Oh, no, we couldn't have that. The Internet would be so improved that we could replace the ISPs with carrier pigeons and still get better download bandwidth. The security companies would go out of business for lack of spam to fight. And the Windows installed user base would drop to 5%. Are you mad?

    16. Re:There is no effective law against curiousity by GregNorc · · Score: 1

      Well maybe if you hadn't opened the box the cat would still be alive!

    17. Re:There is no effective law against curiousity by KudyardRipling · · Score: 1

      Yep, from the land the gave the world Zyklon-B and the LLC entity http://en.wikipedia.org/wiki/GmbH among other things. This sounds like the cyberequivalent of the "Gesetz zur Behebung der Not von Volk und Reich" usually called the Enabling Act. So if one smells the 'warning odorant', leave at once!

      Neither is the irony forgotten, Mr. First Poster: http://en.wikipedia.org/wiki/Fritz_Haber

      --
      Submission as evidence constitutes plaintiff and/or prosecutorial misconduct.
  6. Re:Germany... by BronsCon · · Score: 4, Insightful

    Classy way to claim first post.

    Back to the topic, though; the internet should simply be declared a public place and laws pertaining to such public places shttp://www.dslreports.com/hould be applied, rather than creating a whole new set of laws for the internet. There are enough laws already; furthermore, laws everywhere are different; it just causes undue conflict.

    Of course, sites which require the user to click a link indicating that they agree to a set of terms (door) or to login (lock) should be treated as private property and those laws should apply.

    Here's the fun part: get every country with internet access to go along with this.

    Hell, I'd be happy if they just did it in the US.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  7. Insensitive, but... by Glowing+Fish · · Score: 5, Funny

    First they came for the botnet scripts, and I said nothing, because I was not a script kiddie
    Then they came for the portscanners, but I said nothing, because I was not trying to hack boxes
    Then they came for the packet sniffers, but I said nothing because I thought my firewall was strong enough
    Then they came for SATAN, and I didn't speak up because I wasn't an admin
    And then, they came for my elite box, and I had to go back to using my mom's e-Machine, and I cried and cried

    --
    Hopefully I didn't put any [] around my words.
    1. Re:Insensitive, but... by DrSkwid · · Score: 1

      great, you missed out the actual shellcoders :)

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  8. Time to SIGALRM before it's too late by dotslashdot · · Score: 5, Funny

    First they came for thread_id 0051, but I printed nothing to the console because that was not my thread.

    Then they came for process_id 0050, but I did not SIGTRP because I did not depend on that process.

    Then they came for process_id 0003, but I did not SIGALRM because my timer had not yet expired.

    When they came for me, there were no processes left from which to spawn.

  9. So, has anyone read the law? by QuantumG · · Score: 1, Insightful

    Not being a German speaker I'm completely incapable of being informed on this issue. Not being in Germany, I could also care less.

    So, is there anyone reading this who 1) understands German and 2) has read the law?

    Does it happen to say anything about "intent"? Cause most every law I've read in English that was reported similarly to this law has, and the reporting is just a blatant attempt to stir up hysteria.

    --
    How we know is more important than what we know.
    1. Re:So, has anyone read the law? by Anonymous Coward · · Score: 0

      Not being in Germany, I could also care less.

      I feel like being a smartass tonight. So... the expression is "I couldn't care less"!

    2. Re:So, has anyone read the law? by QuantumG · · Score: 1, Insightful

      I care a little.. I could care less.

      --
      How we know is more important than what we know.
    3. Re:So, has anyone read the law? by Anonymous Coward · · Score: 0

      Very nice graphic! It's one of my pet peeves, too.

    4. Re:So, has anyone read the law? by Anonymous Coward · · Score: 0

      Yes; and I care.

      Sadly "intent" doesn't mean shit in this case; the "tools" are evil per se. Working on/with nmap, john, ... is now illegal over here; _fuck_

      Greets and good luck with freesynd.

    5. Re:So, has anyone read the law? by Anonymous Coward · · Score: 0

      Intent you say?

      In what way would intent play any interesting role when merely having the tools at your disposal would be illegal? Also, what good does a law like this really do? It really doesn't seem too useful all by itself. I guess possession of such and such tools will be treated as incriminating fact in more serious cases rather than a crime in it's own right. But that is just one reason more it should never have been passed as a law.

    6. Re:So, has anyone read the law? by Anonymous Coward · · Score: 0

      Wow, QuantumG DOESN'T have an opinion on something--AMAZING!

    7. Re:So, has anyone read the law? by Opportunist · · Score: 2, Insightful

      Don't worry, it will be translated before it's issued in your country.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    8. Re:So, has anyone read the law? by m2943 · · Score: 1

      Not being in Germany, I could also care less.

      Oh, if you "could care less", that means that you do care!

    9. Re:So, has anyone read the law? by jsonn · · Score: 1

      No, it doesn't. Some parts are even a lot worse:
      (a) hackers can now be considered as terroristic groups.
      (b) it is illegal to listen to electron emissions -- completely ignoring that it is the intention of many devices like WLAN
      (c) limits based on the intented use be found only in the addition comments from the subcommittee for laws, not in the actual law itself.

    10. Re:So, has anyone read the law? by hweimer · · Score: 2, Informative

      I am German and I am potentially affected by the new law as I publish exploit code from time to time. I have written a blog entry about it, including a translation of the relevant section and some thoughts about the consequences.

      --
      OS Reviews: Free and Open Source Software
    11. Re:So, has anyone read the law? by maxwell+demon · · Score: 1

      (b) it is illegal to listen to electron emissions -- completely ignoring that it is the intention of many devices like WLAN

      Well, fortunately WLAN doesn't emit electrons, but only electromagnetic waves. :-)
      --
      The Tao of math: The numbers you can count are not the real numbers.
    12. Re:So, has anyone read the law? by ampathee · · Score: 1

      "I care a little" implies that you could care less, true.
      However, "I care a lot" implies the same thing.

      "I couldn't care less." is true IIF "I don't care at all".

      That's the point of the phrase.

  10. source code t-shirts again? by visualight · · Score: 1

    Like people did with DeCSS?

    --
    Samsung took back my unlocked bootloader because Google wants me to rent movies. They're both evil.
    1. Re:source code t-shirts again? by RuBLed · · Score: 2, Funny

      Well according to the law that is legal, but just make sure you don't engrave the source code in an axe...

    2. Re:source code t-shirts again? by jamstar7 · · Score: 4, Funny

      Well according to the law that is legal, but just make sure you don't engrave the source code in an axe...

      Don't you mean 'double sided double density hacker tool'?

      (thanxx to Jerry Pournelle for that one...)

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    3. Re:source code t-shirts again? by Anonymous Coward · · Score: 0

      In the UK you now get fined for having slogans on T-shirts :(

      "Don't piss me off! I am running out of places to hide the bodies."

      http://news.bbc.co.uk/1/hi/england/cambridgeshire/ 6943734.stm

  11. The good news for hackers. . . . by Anonymous Coward · · Score: 3, Interesting

    germany is now going to be a REALLY easy place to hack.

    1. Re:The good news for hackers. . . . by Opportunist · · Score: 1

      That's pretty much the idea behind it.

      When you think of the German Federal Trojan project, I mean, how else would you want to use it against people who actually know what they're doing?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:The good news for hackers. . . . by Quantenmechaniker · · Score: 1

      Easy: by having a police force batter open your doors, installing it on your computer and making you use the infected system at gunpoint. (only joking about gunpoint, not about secretly breaking and entering)

      --
      /(bb|[^b]{2})/ , that is the question;
    3. Re:The good news for hackers. . . . by Opportunist · · Score: 1

      Now that would be funny. "Use this computer now to access kiddy porn or else!"

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  12. Oh wow... by Spy+der+Mann · · Score: 3, Funny

    how will they manage to prevent EVIL hackers in germany from downloading their evil hacker tools from https://someip.org/hackertools/ ?

    They won't even notice the URL. It'll be encrypted under SSL.

    1. Re:Oh wow... by epee1221 · · Score: 4, Informative

      how will they manage to prevent EVIL hackers in germany from downloading their evil hacker tools from https://someip.org/hackertools/ ?
      Obviously, they'll just watch for the EVIL bit!
      --
      "The use-mention distinction" is not "enforced here."
    2. Re:Oh wow... by sumdumass · · Score: 1

      How about they don't have to, you just have to worry that your brother doesn't tell on you or you can delete everything before going through that nasty breakup.

      Outside of someone telling on you, I would imagine you telling on yourself or someone complaining that your IP did X which seems like hacker tools were used and they come checking.

      Damn that bush, oh wait, this is Germany, damn that busch. (is but supreme leader of germany too?)

    3. Re:Oh wow... by aldo.gs · · Score: 1

      I actually clicked that link, and it didn't show anything! I demand some evil hacker tools!

    4. Re:Oh wow... by Opportunist · · Score: 4, Insightful

      Quite simple: They don't. It's just a handy law to have an excuse to get a warrant easily when you got nothing really tangible against someone.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  13. Read the law before you panic by Anonymous Coward · · Score: 0

    I first saw mention of this several weeks ago and it was a red herring then; I suspect it is still a red herring. The law does not punish possession of "hacking tools" unless they are used in the commission of a crime, much like many US laws that increase the penalty of a crime of violence if it is committed using a firearm.

    Take a deep breath and read the actual law.

    1. Re:Read the law before you panic by jamstar7 · · Score: 1

      first saw mention of this several weeks ago and it was a red herring then; I suspect it is still a red herring. The law does not punish possession of "hacking tools" unless they are used in the commission of a crime, much like many US laws that increase the penalty of a crime of violence if it is committed using a firearm.

      Except that possession of 'criminal tools' such as lock picks, bump keys, etc if one is not a licensed locksmith is a criminal offense. What can be described as a 'criminal tool'? Why, anything that can be used in the commission of a crime. Say, for instance, I got convicted of 'uttering', that is to say, writing checks with no bank account to draw on them (419 phishers, anyone?). Legally, for me to possess an ink pen after my parole would be a violation of said parole, if they cared to push it. After all, ink pens are used to sign checks...

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    2. Re:Read the law before you panic by Planesdragon · · Score: 2, Informative

      What can be described as a 'criminal tool'? Why, anything that can be used in the commission of a crime. Behold the "reasonable man standard."

      A criminal tool is something that a DA can stand in front of twelve randomly chosen citizens with no particular knowledge, and convince them that, not only that it can be used as a criminal tool, but that the defendant should have known that and did it anyway.

    3. Re:Read the law before you panic by Anonymous Coward · · Score: 0

      If this post is really true, why is the Kismac site down?

    4. Re:Read the law before you panic by Anonymous Coward · · Score: 0

      You are very wrong. The law punishes the creation/usage/distribution of tools that *COULD BE* USED TO PREPARE A CRIME.

    5. Re:Read the law before you panic by innocent_white_lamb · · Score: 2, Informative

      Except that possession of 'criminal tools' such as lock picks, bump keys, etc if one is not a licensed locksmith is a criminal offense.
       
      That depends on where you are. I live in Canada. In a former life I was a Sheriff. And I had a nice set of lock picks, a very slick pick gun, and a couple of slide hammers. Most of which were stamped "law enforcement use only". I was never a locksmith, though....

      --
      If you're a zombie and you know it, bite your friend!
    6. Re:Read the law before you panic by hauntingthunder · · Score: 1

      possession of 'criminal tools' such as lock picks, bump keys, etc if one is not a licensed locksmith
      Interesting point hmm so i have a security+ cert and various cisco ones so does that meen i have a get out :-)
      --
      You will never get to heaven with an Ak 47... But A Zu 30 is good for Low Flying Cherubim
    7. Re:Read the law before you panic by Anonymous Coward · · Score: 0

      > Except that possession of 'criminal tools' such as lock picks, bump keys, etc
      > if one is not a licensed locksmith is a criminal offense.

      How is that relevant to this law? This law (last I read it) does not prohibit mere possession; it only punishes possession in connection with some other crime.

    8. Re:Read the law before you panic by ultranova · · Score: 1

      A criminal tool is something that a DA can stand in front of twelve randomly chosen citizens with no particular knowledge, and convince them that, not only that it can be used as a criminal tool, but that the defendant should have known that and did it anyway.

      Unless he's accused of terrorism. Then the pen was clearly meant to be used as a murder weapon by pushing it into someone's brains through their ears; and since it can then be retrieved and used again, it is clearly a mass murder weapon. Assuming he gets a trial at all, of course, which is assuming a lot.

      Besides, are the twelve actually chosen randomly, or by the people in the legal system (DA's coworkers) ?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    9. Re:Read the law before you panic by jamstar7 · · Score: 1

      German version does. Brit version got neutered a bit and gives some leeway.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    10. Re:Read the law before you panic by quanticle · · Score: 1

      And that's exactly why this law is bad. In a situation where specialized knowledge is warranted (like with security tools), the average person is not going to have enough background knowledge on these matters to tell if they're being duped by the prosecution. And unless the defendant has the money and will to hire an attorney specializing in these matters, he won't be able to counter the sensationalistic claims of the prosecutor.

      When the majority of people think that "hackers" are using "computer codes" to "botnet" their computers in order to "steal their private information", there's very little chance of their being fair trials in this area. Simply put, there is no reasonable man standard here, because the "reasonable man" has no way of questioning the veracity of the prosecution's claims.

      --
      We all know what to do, but we don't know how to get re-elected once we have done it
    11. Re:Read the law before you panic by greedyturtle · · Score: 1

      Better be real careful with how you bend those paperclips... the wrong angle and it's sudenly an ILLEGAL LOCKPICKING TOOL!

    12. Re:Read the law before you panic by Anonymous Coward · · Score: 0

      We don't have juries here in germany. So the question comes down to "does the judge know what (a pen/knife/portscanner) is used for?"

      You can say what you want about german judges - but at least once the case reaches a sufficiently high appellate court, they will hear experts on the subject at hand. I actually have pretty good trust in the german legal system, except for the first-instance courts in "simple" matters (Amtsgerichte) where the judges are overworked, underpaid and often very non-technical :-)

    13. Re:Read the law before you panic by Ihlosi · · Score: 1
      Besides, are the twelve actually chosen randomly,



      GP was talking about the members of a jury, I assume.

  14. Mr. Putin, rebuild that wall. by iminplaya · · Score: 1, Insightful

    So we can send the send the corrupt, authoritarian Germans back to the other side.

    --
    What?
    1. Re:Mr. Putin, rebuild that wall. by Anonymous Coward · · Score: 0

      It's a letter for our friend dear Putin.

      Mr. Putin,

      We want to give your our gift of 'World War II Enigma' because of the approved Crime Law in Germany.
      We were defeated by englandians and americans, and we don't give them our gift.

      I've becomed an anti-NATO & pro-sovietic civilian.

      I want to live with my hacker tools & my friends in houses out of Germany, in its frontiers with Russia.
      If need then in China. I like its 'Great Wall'.

      Signed by anonymous h4x0r.

  15. Compilers banned by Anonymous Coward · · Score: 0

    Update: Compilers banned in germany because they could be used to create evil software! Litigation of this manner can never solve computer problems, short of banning computers.

  16. Reasonable use by EmbeddedJanitor · · Score: 2, Insightful
    If there is a reasonable alternative use then don't expect to get prosecuted. A maker of steel pipes won't get charged on firearms offences even though you could saw off a length of pipe, stuff it with explosives and nails and make a firearm.

    Likely, people with a good reason to posess hacker tools (eg. legitimate anti-virus folk) will be allowed controlled tools - much like how the people who design kevlar vests are allowed to have automatic weapons etc for legitimate test purposes.

    --
    Engineering is the art of compromise.
    1. Re:Reasonable use by init100 · · Score: 2, Insightful

      people with a good reason to posess hacker tools (eg. legitimate anti-virus folk)

      I'd add most or all system and network administrators. Suddenly, the group isn't very limited any longer. Anyone can be a system administrator if he owns at least one computer.

    2. Re:Reasonable use by Fulcrum+of+Evil · · Score: 1

      Say what? What do automatic weapons have to do with kevlar?The vest isn't going anywhere - take your time. Also, if you want an auto bang bang, all you need is to live in a free state and pony up about $15k. Oh, and not be a felon.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    3. Re:Reasonable use by The+Master+Control+P · · Score: 1

      Looking at my own firewall is an eminently good reason.

    4. Re:Reasonable use by Opportunist · · Score: 1

      Oh, living in a free state ain't that easy. To do that, many people would have to believe in reincarnation and commit suicide.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    5. Re:Reasonable use by moxley · · Score: 1

      The problem comes with who makes the determination of what "good reason" is, and how that determination is made...One simple case I can think of right now is that it could stop someone from being able to experience one of the many great things about the net - the ability to be able to teach yourself something incredibly technical by being able to download the tools and look through tons of tutorials, etc without having to enroll in some institution.

      You're suggesting thatthe law wont be abused, but if those who passed this law were concerned with being even handed and insightful, I doubt the law would exist.

      Personally, I feel that this law is wrong, and (all due respect) your rationale reminds me of the argument that claims every unconstitutional action the current US administration undertakes is okay, because those with nothing to hide have nothing to fear. It takes something that has always been permissable, and allows the government to say "if we think what you're doing isn't legitimate, we're going to lock you up."

    6. Re:Reasonable use by usrusr · · Score: 1

      Sadly, it doesn't work like that: it's easy, even for politicians, to see a connection between designing bullet proof vests and testing prototypes with guns. The same i snot true with network security issues, politicians in charge of thse things have been known to not even understand the term "we browser", they probably just click on "their internets", or have an equally clueless staff person do it for them. "So there are these evilthings and they are a problem. I think we should ban all evilthings, then the problem will go away."

      --
      [i have an opinion and i am not afraid to use it]
    7. Re:Reasonable use by Phisbut · · Score: 1

      Also, if you want an auto bang bang, all you need is to live in a free state and pony up about $15k.

      And where is that free state you are talking about? Certainly not between Canada and Mexico...

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    8. Re:Reasonable use by Fulcrum+of+Evil · · Score: 1

      And where is that free state you are talking about?

      Washington, Idaho, Montana, Nevada, ...

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    9. Re:Reasonable use by WormholeFiend · · Score: 1

      arent those "quasi-free states"?

    10. Re:Reasonable use by Fulcrum+of+Evil · · Score: 1

      WA seems pretty free, modulo stupid gov't officials, but what are you gonna do? I'm just pointing out that auto rifles are available to the general public. I have no personal interest in a $15k rifle that chews through $300 in ammo during a session. I'd rather get a PSG-42 and practice kilometer shots.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  17. Re:Bla,bla,bla,.. by Glowing+Fish · · Score: 1

    ::: nods :::
    Of course, how silly of me not to realize.

    --
    Hopefully I didn't put any [] around my words.
  18. As the author of Nmap ... by fv · · Score: 5, Interesting
    As the author of Nmap, I'm more than a little concerned about this law. It could mean that I can never again visit Germany, which is a shame because I have many friends there. But I don't want to risk a year in prison or the Halvar treatment. Many of these articles state as a matter of fact that the creation or distribution of Nmap (mentioned by name in TFA) is illegal now. If true, what does that mean for all the Linux distributors who include Nmap and other security tools?

    Does anyone have a link to a good English translation and legal analysis of the new law? The Phenoelit page translates the law as affecting "computer programs whose aim is to commit a crime". That doesn't cover Nmap, which I designed for security professionals. But of course some blackhats use it too, and I don't want to bet my freedom on being able to convince a technologically illiterate judge in Germany of my intent.

    I hope groups like the CCC (which is apparently quite powerful in Germany) are able to get this overturned! If legitimate German admins are afraid to use Nmap and other security tools while the crackers retain full access to them, that won't be a pretty sight!

    -Fyodor
    Insecure.Org

    1. Re:As the author of Nmap ... by jeevesbond · · Score: 1

      As the author of Nmap

      As a person who has used Nmap for many legitimate, totally legal debugging I'd like to say thanks for a really handy tool. When using Nmap I always think something like: 'this would be illegal in Germany, how f*cking stupid.'

      Being unable to use Nmap (and tools like it) means application developers and network administrators are unable to do their jobs without breaking the law. Admins should refuse to look into networking problems and software engineers should refuse to fix bugs, working on the premise that they'd have to break the law to use debugging tools. That'll get it overturned pretty quickly.

      Isn't Windows distributed with the 'net' program? I'm sure that's been used for cracking, doesn't that make practically everyone in Germany a criminal?!

      --
      I'm going to transform myself into a mighty hawk. Either that or I'll just go and work at Dixons, haven't decided yet.
    2. Re:As the author of Nmap ... by eggnoglatte · · Score: 1

      I wouldn't worry about that. Unlike some other countries, Germany is fairly strict about jurisdiction. Unless you carry any "offending" tools with you on your visit to Germany, or host the tools on a web page that is specifically aimed at german readers (say, in german language or on a .de server), they are not going to go after you for developing these tools in other countries where it is legal.

      It is still an idiotic law, of course.

    3. Re:As the author of Nmap ... by flyingfsck · · Score: 1

      Hmm, it is a good thing that Suse is not based in Germany anymore.

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
    4. Re:As the author of Nmap ... by DrSkwid · · Score: 2, Funny

      You'll never convince anyone after what Trinity did.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    5. Re:As the author of Nmap ... by julesh · · Score: 3, Interesting
      A Google translation of the relevant section is:

      (1) Who prepares a criminal offence after 202a or 202b, by he
      1. Passwords or other safeguard codes, those the entrance to data ( 202a
      Exp. 2) make possible, or
      2. Computer programs, whose purpose is committing such an act,
      manufactures, or another provided, sold, another leaves themselves, common
      or makes otherwise accessible, becomes with imprisonment up to one year or also
      Fine punishes.


      I find the idea that this is any worse than the UK law that passed strange:

      3A
      Making, supplying or obtaining articles for use in offence under section 1 or 3
      (1) A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article intending it to be used to commit, or to assist in the commission of, an offence under section 1 or 3.
      (2) A person is guilty of an offence if he supplies or offers to supply any article believing that it is likely to be used to commit, or to assist in the commission of, an offence under section 1 or 3.
      (3) A person is guilty of an offence if he obtains any article with a view to its being supplied for use to commit, or to assist in the commission of, an offence under section 1 or 3.
      (4) In this section "article" includes any program or data held in electronic form.
      (5) A person guilty of an offence under this section shall be liable--
            (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;
            (b) on summary conviction in Scotland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;
            (c) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.


      Section (2) is much more general than the German law, requiring only that you believe it likely that the article supplied will be used in such a crime, while the German law requires intent that it be used in such a crime. Plus, the UK law allows 2 years imprisonment, the German law only one.

      So, all in all, I'd say you're on much safer grounds visiting Germany than the UK over this one.
    6. Re:As the author of Nmap ... by biglig2 · · Score: 1

      Hope this isn't going to be added to the crimes where the new European Arrest Warrant is available, otherwise you're never coming to the UK, or France, or Poland, etc. etc.

      --
      ~~~~~ BigLig2? You mean there's another one of me?
    7. Re:As the author of Nmap ... by Opportunist · · Score: 1

      What's scary is that this is actually insightful. I'm quite sure that the German creators of this law draw their knowledge from this or similar sources.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    8. Re:As the author of Nmap ... by nr1 · · Score: 1

      Both of these laws are actually based on a European Union Directive, which countries are now implementing as national laws. Some obviously go a bit further on the details than others.

    9. Re:As the author of Nmap ... by Clockwurk · · Score: 1

      Good luck convincing anyone that your hacker tools are only meant to be used in a professional, responsible manner, when you don't act responsibly yourself.

      n 2002, Fyodor was the victim of an impersonation attack by a Slashdot user who was posing as a woman. Fyodor sent an email to the fake "woman" in an attempt to solicit further conversation and a possible meeting. When the hoax was revealed, the hoaxer insulted fyodor (I believe the word was "wanker").

      Fyodor responded by using information disclosure vulnerabilities in yahoo email to find the originating IP address of the Slashdot prankster (SumDeusExMachine) who was at the time a college student based on the Pacific coast. SDEM was using an open X server for windows, MI/X, with no security enabled. Fyodor quickly scanned SDEM's box, found the open X server, and attached to it, monitoring SDEM's life for nine hours. He took many screen shots of SDEM's machine and posted them to his web site, insecure.org.

      What you have to understand is that illegal and malicious hacking won't land you in jail. The FBI won't prosecute interstate computer hacking unless there are $5000 or more in damages. In this case, there were no damages, rending the "crime" unprosecuteable. Whether this makes the perpetrator a whitehat, greyhat, or blackhat is an exercise for the reader.

    10. Re:As the author of Nmap ... by Anonymous Coward · · Score: 0

      I hope groups like the CCC (which is apparently quite powerful in Germany)

      I would assume a major part of the point is to disempower groups like the CCC and the pirate party.

    11. Re:As the author of Nmap ... by Paralizer · · Score: 1

      Does anyone really care?

      You're using one example to justify a ridiculous generalization about the use of Nmap. Just because your example included the author of the tool (if this story is even true or not) is irrelevant.

      I think you missed the point of the argument entirely. Nmap has real, legitimate use. In fact, I use it on a regular basis to scan my local area network to make sure no suspicious ports are open that may be trojan infections. So when does trying to keep my network clean of viruses and trojans make Nmap a 'hacker tool' and me a 'criminal'?

    12. Re:As the author of Nmap ... by Anonymous Coward · · Score: 0

      But it's the details that matter. The EU directive has no legal weight. If your government goes further than the directive requires and you're found guilty of an offence that wouldn't be illegal under the directive, tough luck. You can't appeal to the directive; you're guilty under your national law. Once the national laws are passed all the good intentions and well-reasoned arguments (or otherwise) in the directive are irrelevant.

    13. Re:As the author of Nmap ... by BaronElectricPhase · · Score: 1

      "It was designed to rapidly scan large networks, but works fine against single hosts."

      ehhh... perhaps you should use a less agresive word than "against" :)

  19. Law not just evil but also dumb by SamP2 · · Score: 5, Insightful

    Let us pause for a moment from discussing the "government versus people" debate, and (just for the sake of the argument) assume that we are living in an utopia where the government passes laws to protect citizens, not oppress them.

    OK, so we ignore the potential for abuse. But that still leaves the question: how, exactly, is the law supposed to protect anyone?

    - The possession of this software is virtually undetectable unless some kind of crime has been committed using them (such as using it to actually attack someone else's machine). Well guess what, attacking someone else's machine has ALREADY been illegal (and justly so).

    - People who were and are willing and able to use these tools to attack other machines have already risked punishment far greater than the punishment meted out for merely possessing the equipment.

    - Think about this analogy: If you outlaw the possession of crowbars (because they are used by burglars), who will suffer more, the burglar or the construction worker who also happens to need a crowbar? Of course the construction worker -- the burglar operates in secret and the worker in open; and if caught, the punishment for burglary is significantly bigger to the point that someone willing to perform a burglary will not care for the (relatively small) additional punishment given for the possession of the crowbar. But for the construction worker, this law means losing his job.

    - Some people would see an analogy between this law and advocation of gun control (less guns = supposedly less violence). But unlike gun control, where restricting guns (at least theoretically) makes it harder for criminals to obtain them, this law cannot possibly do anything to prevent the obtainment of these "hacking" tools, which can only be detected ex post facto.

    So, if this law...

    - Does nothing to reduce the availability of these tools
    - Does nothing to reduce the potential destructive purpose of these tools
    - Does not provide a serious deterrent to would-be abusers of these tools
    - DOES, however, significantly limit the LAWFUL use of these tools by security professionals

    Then why the heck is it needed? Heck, if I was a blackhat, I'd be very, very happy that security auditors got the shaft, meaning I have a much better chance of finding exploits which the good guys didn't get a legal chance to find and close first.

    It seems that the quote "those who sacrifice liberty for security deserve nothing and lose both" never held truer, because not only liberty is sacrificed, but from any possible perspective hacking has became EASIER as a result of this law, not harder.

    1. Re:Law not just evil but also dumb by E++99 · · Score: 1, Insightful

      But that still leaves the question: how, exactly, is the law supposed to protect anyone?

      This is Germany. How is the law imprisoning those who express doubt in the holocaust supposed to protect anyone?
    2. Re:Law not just evil but also dumb by Viceroy+Potatohead · · Score: 1

      Think about this analogy: If you outlaw the possession of crowbars (because they are used by burglars), who will suffer more, the burglar or the construction worker who also happens to need a crowbar? Of course the construction worker -- the burglar operates in secret and the worker in open; and if caught, the punishment for burglary is significantly bigger to the point that someone willing to perform a burglary will not care for the (relatively small) additional punishment given for the possession of the crowbar. But for the construction worker, this law means losing his job. I suppose one way out of it would be to make the punishment for possession of a crowbar as draconian as punishment for burglary, but nobody'd be so [!!!I see a terror suspect!!!] stupid as to do that.
    3. Re:Law not just evil but also dumb by Richard+W.M.+Jones · · Score: 1

      Then why the heck is it needed?

      Because the law was passed by idiots who don't understand the technology?

      The disturbing thing is that quite probably stupid laws are being passed all the time in other areas where we aren't experts - farming, food, pharma, etc. And to think that my [UK] government is made up almost entirely of professional politicians who don't have any scientific education at all beyond the bare minimum that finishes at age 16. (And they're probably proud of this). Is this any way to run a complex technology-based country?

      Rich.

    4. Re:Law not just evil but also dumb by Anonymous Coward · · Score: 0

      > How is the law imprisoning those who express doubt in the holocaust supposed to protect anyone?\

      It protects German pride, considering that denying the Holocaust implies that:

      1) The Nazis were too wimpy to really kill all those people
      2) The Germans were too dumb not to get framed for it afterwards

    5. Re:Law not just evil but also dumb by Advocadus+Diaboli · · Score: 2, Interesting

      The possession of this software is virtually undetectable unless some kind of crime has been committed using them (such as using it to actually attack someone else's machine). Well guess what, attacking someone else's machine has ALREADY been illegal (and justly so).

      I would say "you are right" by just looking at this law. Being a German citizen I can also see other attempts of the government that go into the direction of seeiking private PCs online and without letting the user know. Of course they say its against terrrorsts, but if we put away the fact that they will have some difficulties on the technical side it would give them the basics to see if you have those tools installed or not. And then the question is if you are a person that the government wants to get rid of or not. If you're harmless probably nothing will happen, if you're a danger for the government because you make the people think, then you have a good chance to be put behind bars for some silly reason.

      Germany is actually close to the methods they were using 1933-1945 and 1945-1989 in Eastern Germany. The german constitution (aka "Grundgesetz") is changed frequently to allow new laws that would have made the people of 1949 who wrote the Rev. 1 think that George Orwell was an optimist.

      The actual german government has lost the confidence of the people because they spend much more effort in installing the Big Brother than they spend efforts in solving the real problems of their country. Next elections will be very interesting.

    6. Re:Law not just evil but also dumb by dkf · · Score: 1

      But unlike gun control, where restricting guns (at least theoretically) makes it harder for criminals to obtain them, [...] One minor point here. The real reason for having gun control is to restrict the access of crazies to things with which they can cause large scale damage with. In the UK at least, it was recognized when the start of the current control regime was brought in that it was unlikely to have much effect on criminal access to guns, but it has had the effect of preventing a repeat of the Dunblane massacre.
      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    7. Re:Law not just evil but also dumb by usrusr · · Score: 1

      > Next elections will be very interesting.

      You're an optimist :(

      As always, people will happily vote for the party whose Incredible Taxation Change Miracle promises to create the biggest net win for everybody, out of some deliberate calculation error deeply hidden within the dungeons of an overclomplex taxation system (parts of the insurance system included).

      --
      [i have an opinion and i am not afraid to use it]
    8. Re:Law not just evil but also dumb by Anonymous Coward · · Score: 0

      But, but, isn't it really all the United States' fault? I mean, if they hadn't stuck their big fat nose into European business all those years ago, you wouldn't be having this problem right now. It would be that socialist leftist utopia I keep hearing about Europe becoming. Any time now. Good luck self-righteous fucks. We can't save you this time. Not that you'd appreciate it anyway if history is to be our guide.

    9. Re:Law not just evil but also dumb by E++99 · · Score: 1

      This is Germany. How is the law imprisoning those who express doubt in the holocaust supposed to protect anyone?

      How is this trolling? I think this is a comparable situation. Both laws far exceed what should be the reasonable limits of the government's power to restrict individual freedom.
    10. Re:Law not just evil but also dumb by JimFive · · Score: 1

      Let us pause for a moment from discussing the "government versus people" debate, and (just for the sake of the argument) assume that we are living in an utopia where the government passes laws to protect citizens, not oppress them. OK, so we ignore the potential for abuse. But that still leaves the question: how, exactly, is the law supposed to protect anyone? Ok, I'll play.

      There are two uses for laws against the possession of tools.

      One is to give the authorities the power to arrest criminals before they commit the major act. If you suspect that someone is an evil hacker you search their drive and find the hacker tools and charge them with possession of tools.

      The second is to have a backup charge in case you can't get enough evidence for the major charge. Maybe you can't prove the evil hacker broke into the bank, but you can show he had the tools on his laptop.

      So in the first case, the law protects by preventing the major crime, and in the second case by punishing the criminal even though the evidence was less than perfect.

      --
      JimFive
      --
      Please stop using the word theory when you mean hypothesis.
  20. More Generally, Fyodor by lheal · · Score: 1

    Why do politicians try to outlaw tools used to commit crimes? A tool can be used for evil or for good, and a person out to do evil can turn even the most innocuous object into a tool.

    --
    Raise your children as if you were teaching them to raise your grandchildren, because you are.
    1. Re:More Generally, Fyodor by SamP2 · · Score: 4, Insightful

      There is arguably a valid reason to prohibit tools which PRIMARY PURPOSE is to commit crimes. You correctly stated that almost any tool CAN be used to commit a crime, but there is a difference between the two.

      I'm not going to use guns as a metaphor because of the whole "gun control" debate, and also because guns have the valid use of self-defense... So let's use something more aggressive, say, hand grenades.

      There is no valid reason for a non-military person to be able to own a hand grenade. The grenade cannot be used for any peaceful purpose, nor for self defense, because of it's extremely high collateral damage. Even if there is a _potential_ valid use (I dunno, maybe throw it down a mole hole in your backyard to kill the pesky mole, LOL), the destructive potential vastly outweights any valid use, and therefore I accept as valid the restriction of owning a hand grenade by the average person.

      The other option is to own, say, a knife or pickaxe. Yes, some people can (and do) use those as weapons for illegal purposes, but this does not stop the tool from having a valid, legal use (in fact, it's primary design is indeed a legal one). Therefore, outlawing pickaxes because some idiot happened to kill someone else with one, is not a valid move.

      The German law is a prime example of the second option. As I explained in my other comment on this thread, the damage done to valid users is much bigger than any possible achieved restriction on criminals.

    2. Re:More Generally, Fyodor by Hal9000_sn3 · · Score: 3, Insightful

      If I am creating a shield against hand grenades, and it is not legal under any circumstances to have a hand grenade, then how shall I test my product?

    3. Re:More Generally, Fyodor by chthon · · Score: 1

      If you are trained, you can kill people with your hands, elbows and feet. Just make these also illegal.

    4. Re:More Generally, Fyodor by ultranova · · Score: 1

      There is no valid reason for a non-military person to be able to own a hand grenade. The grenade cannot be used for any peaceful purpose, nor for self defense, because of it's extremely high collateral damage.

      Of course it can be used for self-defense. In fact, if guns are common enough that thugs will shoot you in the back before looting you, the defense against that would be to carry a hand grenade with you, connected to a dead mans trigger. If your heart stops, the grenade explodes, possibly killing the thug and in any case rendering your money and valuables into rubble. White phosphorous grenade would be the best for the latter purpose.

      Or imagine being caught in a dark alley by a gang. Can you shoot them all ? No need to - just throw the hand grenade in their midst. Also gives you a good reason to stay in shape, since failing to throw the grenade far enough will have some rather nasty side effects on yourself.

      Finally, if we go by the theory that the main reason for armed populace is to be able to overthrow an oppressive government, then surely those weapons need to be military grade. Hand grenades should be the standard equipment for such populace, along with assault rifles, bazookas, and a few cruise missiles. Hell, if you can afford it, go for nukes.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    5. Re:More Generally, Fyodor by Anonymous Coward · · Score: 1, Insightful

      >There is arguably a valid reason to prohibit tools which PRIMARY PURPOSE is to commit crimes.

      The primary purpose of a slim jim was to break into cars, letting the theif hotwire the car, then drive it away without leaving telltale damage. In fact, they are popular enough that some cars include anti-slim jim lock covers inside the doors to prevent their use.

      The secondary purpose of a slim jim, to help people get their locked keys from inside their cars without damaging them has come in handy to myself and others.

      In your world, they would be outlawed, which would be a loss to us all. Especially since they can be easily replicated with a coat hanger, although a coat hanger may not be as easy to use and is more likely to damage the locking mechanism.

      >There is no valid reason for a non-military person to be able to own a hand grenade.

      Yes, there is. To defend yourself against a tyrannical government. You should count yourself lucky, for your government is benign. The majority of people live under a state of government that permits them few freedoms. The interesting fact is that many of those governments still own few weapons much more powerful than this, so an attack on the government by the people can be (and in many cases is) quite successful.

      There is no greater damage done to humanity than that done by the restriction of freedom. Ever.

      A hand grenade can kill a few people, at best. Restricting freedom imprisons everyone. Didn't many young men in your country lose their lives so you wouldn't have to live as a condemned man? Were they so wrong to do that? A few more lives to preserve that freedom so desperately fought for is the price of keeping us free.

    6. Re:More Generally, Fyodor by KDR_11k · · Score: 1

      Booby traps are illegal because of false positives. Imagine a large bomb tied to your heartbeat. Now you get a heart attack in the middle of a crowd. Kaboom, lots of people dead. Imagine some more people had those things in the crowd. You get a chain reaction that leaves potentially hundreds or thousands injured or dead.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    7. Re:More Generally, Fyodor by GregNorc · · Score: 1

      What is my motolovs are no longer damaging the opressor's tanks?!

    8. Re:More Generally, Fyodor by pla · · Score: 1

      Now you get a heart attack in the middle of a crowd. Kaboom, lots of people dead.

      But at least you don't need to worry about having a DNR on file.



      You get a chain reaction that leaves potentially hundreds or thousands injured or dead.

      Yawn. We live in a world with too many hairless monkeys. I would consider that almost a karmic intervention to overcrowding - If you have enough booby-trapped people crammed into a small enough area to trigger such a chain reaction, the situation rapidly corrects itself.

      Hell, with that line of reasoning, I'd almost support making it mandatory.

  21. Defcon must be good for something by ipooptoomuch · · Score: 2, Funny

    At least you can still attend Defcon and put yourself on their network for a free penetration test from all of the friendly attendees. No illegal haxor tools needed.

    1. Re:Defcon must be good for something by Anonymous Coward · · Score: 0

      Or go there wearing nothing except for buttless leather chaps and get free penetration testing all night long.

    2. Re:Defcon must be good for something by Zatic · · Score: 1

      Actually, you can't

    3. Re:Defcon must be good for something by Anonymous Coward · · Score: 0

      ... just drop your pants and bend over.

  22. So does this mean... by firpecmox · · Score: 0

    That "lunux" is actually illegal now? Is your son a Computer Hacker?

  23. Defense by incompetance by strider44 · · Score: 2, Insightful

    Germany's taking the noted Ravenous Bugblatter Beast of Traal approach to security. By removing the things that lets you know if you're vulnerable or compromised, you're obviously secure! Screaming "la la la, I can't see you or hear you" is optional.

    1. Re:Defense by incompetance by Anonymous Coward · · Score: 0

      Very well put, - cuts right through the waffle

  24. Every Browser is now Illegal by EEPROMS · · Score: 2, Interesting

    Ive seen security analysts demonstrating breaking into websites with a web browser, you dont need specific hacking tools in many cases because what is available will often do the job just fine.

  25. Schrodinger's Cat by NotQuiteReal · · Score: 4, Funny
    ...curiosity kills cats.

    But in this case you won't know for sure if the cat is dead until the German police kick in your door to look.

    --
    This issue is a bit more complicated than you think.
  26. Re:Germany... by Anonymous Coward · · Score: 0

    Perhaps Slashdot should implement some kind of AC Russian roulette system, where there's a chance that your username/IP will be printed with any AC post.

  27. The road to hell *REALLY IS* paved with good inten by Anonymous Coward · · Score: 1, Insightful

    tions...

    The only thing more dangerous than crackers with security tools is a complacent society who thinks their laws will protect them from international threats which continuously transit their borders as the rain falls from the sky.

    Any law that curtails the free flow of vulnerability data *locally* only serves to diminish the evolution of necessary countermeasures and knowledge which ultimately leave more people in Germany vulnerable to successful attack. (IE more people BURNING IN HELL)

    No country can afford to pass laws which make their own people less prepared to deal with the real world. Especially one as insignifcant on the world stage as Nazi-less Germany.

    This is obviously already having a chilling effect on several well known tool vendors.

  28. Security through Fascism! by Anonymous Coward · · Score: 1, Funny

    Looks like "Security through Fascism" is the new improved version of "Security through Obscurity".

  29. Google a crime? by Anonymous Coward · · Score: 0
    From the TFA (my emphasis):

    [...] made the mere possession of (creates, obtains or provides access to, sells, yields, distributes or otherwise allows access to) tools like John, Kismet, KisMAC, Nessus, nmap, and the ability to Google effectively a crime.


    Made ability to Google a crime? -- I knew Germany is working on a search engine to compete with Google, but this is ridiculous.
  30. With the New Crime Law in the Hand ... by Anonymous Coward · · Score: 0

    Germany will be the new targeted http://en.wikipedia.org/wiki/Honeypot_(computing) for the following hackers:
    americans, englandians and germanians outside (& friends as franceians, chinaians, ...).

    Wait a moment!!!

    The Honeypots (as hacking's tools) are prohibited in Germany!!!

    Germany will be e-bankrupted without honeypots!!!

    I'm HyperJacker the RIPper too!!!
    You have several options to carry your hacking tools:
    * go to Switzerland (1).
    * go to Luxemburg (2).
    * go to Belgium (3).
    * go to Netherlands (4).
    * go to Russia (5).
    * go to China (6).
    * go to North Korea (7). Dangerous? Why? It's not dangerous, jacker!
    * go to Iran (8). There are bunkers for jackers.

    I'm only a "bear" protesting the politicians's agreements's acts.

  31. It's 9am in Germany... by adnonsense · · Score: 2, Funny

    And I've just run an nmap scan of bundestag.de .

    I await the knock on my door with interest.

    1. Re:It's 9am in Germany... by caluml · · Score: 1

      So, go on - tell us - what ports were open?!

  32. i am afraid by Anonymous Coward · · Score: 1, Interesting

    as a young german citizen currently working in tech support i must state that i am very very afraid.
    though my boss did not even know about this law (strange), it somehow makes me believe it could be good to try another profession.

    Q: can one be prepared for the "kristallnacht", i ?

  33. 202c NOT well intentioned ! PARENT WRONG by erlehmann · · Score: 1

    parent says that this is "well intentioned". i for one, do not believe that.

    the criminalisation of certain computer programs is a puzzle piece.

    more puzzle pieces:
    - data retentionpräventiv
    - proposed "online search and seizure"
    - RFID + biometry in pass documents
    - nullifying of bank secercy
    etc. pp.

    hackers are the one in the know how to defeat those systems.
    to criminalize them is only the logical conclusion.

    IMHO, there are only two options:
    a) massive resistance (won't happen [insert stalin quote here])
    b) going to sweden, netherlands ...

  34. they are not dumb by erlehmann · · Score: 1

    why the heck is it needed? criminalizing hackers effectively eliminates the informed ones who care about germany becoming a police state. we are not there yet, but i don't think they will lose time. - a concerned german citizen
  35. Re:Germany... by el+americano · · Score: 3, Insightful

    Back to the topic...

    No, you're eternally off-topic for responding to a troll post just to get a higher placement.

    --
    Those are my principles. If you don't like them I have others. -Groucho Marx
  36. THC already hit by postmodern+modulus+I · · Score: 4, Informative

    The THC (The Hackers Choice) group has already been forced to discontinue some of it's best projects due to this absurd law.

    The Hacker's Choice is forced to discontinue several of its projects, as these might be effected by a new German 'anti-hacking' law. As a consequence all exploits and many releases have been removed from our web site. We are sorry.
    http://www.thc.org/

    Silenced are THC's Credit, Hydra, Scan and War-Drive. Hydra will be the most missed, as it was one of the best authentication bruteforcers. Not dwelling on this defeat to freedom of information and the security community, I suggest everyone in the security community begin resisting this trend towards silencing the messenger of insecurities.

    We should be working to create new tools and better means by which to distribute information and code, both securely and anonymously. The foolish politicians and companies who think they can dare enforce security by ignoring the problem and silencing individuals should be shown that this strategy does not work. This is yet another challenge to all the security researchers and programmers, will you allow others to dictate your creativity?

    --
    --postmodern
    1. Re:THC already hit by Anonymous Coward · · Score: 1, Informative

      They do still have the files and projectpage is up at www.thc.org/thc-(projectname)

      http://www.thc.org/thc-hydra/
      http://www.thc.org/thc-ipv6/

      you can use google to find more of them.

      grab em while you still can. :)

  37. Obscurity through Fascism! Total Unsecurity!!! by Anonymous Coward · · Score: 0

    Do you want Obscurity?
    Hide your nearly-complete LiveCD Back|Track2 http://www.remote-exploit.org/backtrack.html !!!

    Sr. Police, my OEM PC is running Windows only. My hard disk is 100% pure Hasefroch Windows.

    1-hour ago ...:

    Running Back|Track2 ...

    $ dig http://bundestag.de/ ;; ANSWER SECTION:
    bundestag.de. 43200 IN A 217.79.215.140

    $ whois 217.79.215.140 # i'm waiting long time ... i break it with Ctrl-C
    Interrupted by signal 2...
    Timeout.
    $ # how stupid am i if they are spying me with their hacking tools because the protocol's 'whois' doesn't answer me!!!
    The 'whois' protocol is mangled by the e-government!!!
    $ traceroute 217.79.215.140
    664 * * *
    665 ge-1-2-22-ed1.ixsolutions.net (212.68.205.83)
    666 ge-0-2-22-bg1.ixsolutions.net (217.68.155.35)
    667 ge-2-2-22-ed2.ixsolutions.net (217.79.208.25)
    668 * * *
    $ ./vir_collect_execute --propagate --redcode 80 --weeks 3 no-deutsch-crime-law.worm
    $ halt & exit

    Do we play to 'Who is who?' game?
    Govern wins - you loses.

    My redcode worm is running for you, byebye 8)

  38. Ebayers, beware. by Ihlosi · · Score: 1
    Selling old issues of computer magazines that came with CDs/DVDs might land you in prison if they contain, like, and old linux distro.


    Don't laugh. The same thing happened when they outlawed CD/DVD copying software. Sell a stack of old magazines, get slapped with a hefty lawsuit and probably put on trial.

  39. unintended consequences by Anonymous Coward · · Score: 2, Insightful

    So while in theory, the German govt. thought they were outlawing computer hacking, they actually outlawed computer security.

    Oops.

    1. Re:unintended consequences by smurfsurf · · Score: 1

      No oops. Various security experts and groups have spoken against this law for this reason.

    2. Re:unintended consequences by joto · · Score: 1

      Never attribute to malice that which can be adequately explained by stupidity.

      While I have a hard time understanding the level of stupidity involved, I have an even harder time trying to understand what kind of lobbyists would profit from such a law, it's just plain instane, so I'll vote for stupidity.

  40. Any OS is a hacking tool by Anonymous Coward · · Score: 1

    Does this mean that every os having netstat, telnet, ping, etc is now banned in Germany?

  41. Re:Germany... by XedLightParticle · · Score: 1

    So one should carry their nmap scanner visible while online? Or how are those "guns in public" laws of the US? Besides in many countries you can be punished for offending people by the way you act or appear in public, just like many countries would put drunkards in detention should they get a little too drunk for public eyes. In other words, I'd be sad to give up both freedom and privacy, just to simplify the rules.

    Some regulation on developing/publishing/possessing point-and-click exploiting or virus-creation tools would make much more sense than banning proof of concept and investigation tools, the latter requires one to know what one is doing, thus one cannot deny intent. The problem is just where's the line between tool and toy? Who would define the baseline user? I mean to me, using tools, like nmap and hping, feels as natural as word processing does to others.

    --
    If I was as pragmatic and objective as I claim to be, would I be commenting?
  42. Is it against "hackers"? Or against self defense by Opportunist · · Score: 1, Insightful

    Self defense against the government, that is.

    Wolfgang Schäuble (German's clinically paranoid home secretary) has been pushing hard to get the "Bundestrojaner" (federal trojan) approved and legal. Now, what is the worth of a trojan that can be detected?

    I mean, it could be a coincidence that those things appear at the same time. I just don't believe in coincidence. Especially when you're dealing with unenforcable laws, since this one is not enforceable. Unless, of course, you have a good reason to believe that someone actually has those tools. Which, in turn, means that you have to have some kind of access to the machine(s) in question (or, rather, you should have some access but don't because something's blocking you).

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  43. Not so by jandersen · · Score: 1

    the laws make the mere possession of (creates, obtains or provides access to, sells, yields, distributes or otherwise allows access to)

    Where does it say 'possess'? As far as I can see, all it says is that if you break in or make it possible for others to break in, then you are violating the law. Your interpretation goes far beyond that, and I think it is likely because you want to see it as a violation of some sort of 'freedom'. If one were to use the same sort of interpretation on, say, breaking into a house, then you would say that owning a key to your house was a crime.

    If you want to be taken serious, at least try to give a fair and accurate representation of things.

    1. Re:Not so by Anonymous Coward · · Score: 0

      Ehm before shooting at the messenger you should aquire law reading skills.

      The law clearly says that you are in violation as soon you aquire (possess) the software...

      And the act is not a break-in but "preparation of a break-in". Preparation of a break-in can be everything. Like a port scan, like an account enumerator, ...

  44. In other words by Findeton · · Score: 1

    Germany bans knives because they can be used to kill people. Smart movement, cows.

    1. Re:In other words by Zatic · · Score: 1

      Actually, you need a license for certain kind of knives that kill people. Don't ask me what kind of, probably switchblades or something.

    2. Re:In other words by Anonymous Coward · · Score: 0

      "Certain kinds of knives that kill people". Are you aware that you can kill people with any kind of knife? Or, better, are German officials aware of this? Oh, yes, I forgot, they're stupid.

  45. They don't care. by Qbertino · · Score: 1

    The big problem here is that most people and most politians in Germany (and probably elsewhere aswell) couldn't care less about this sort of law and its effects. I've explained to academics the effects of the German law for protection of copyright on the internet and they said that nobody would pass such a law. I couldn't get them to realize that the law allready has been passed. It's the same with this one. Politicians couldn't care less. If major software companies with lots of employees would start to move out of Germany due to such laws, then they would react. If this law should ever be applied I don't think it would last long.

    --
    We suffer more in our imagination than in reality. - Seneca
  46. oblg xkcd by Anonymous Coward · · Score: 0

    http://xkcd.com/261/

    Don't forget to place your mouse on the image.

  47. Bad move by billsf · · Score: 1

    Why not consider enforcing laws already on the books? Learning how criminals ply their trade is the first step in learning security. Criminals make good cops -- proved. The vast majority of people that 'play hacker' do so to improve their own knowledge of security.

    BillSF

    1. Re:Bad move by Ihlosi · · Score: 1
      Why not consider enforcing laws already on the books?



      What an absurd idea. That wouldn't get anyone elected. Besides, law enforcment is expensive and would be a drain on the governments finances. Making a couple of laws is so much cheaper and demonstrates activity to the voters.

  48. Same FUD, different day... by vorlich · · Score: 4, Funny

    We have been through all of this Red Herring before and it won't make any difference. There is no point trying to understand how unimportant this discussion is if you don't understand today's Germany. Germany is the biggest exporting nation on Earth and it is the biggest player in the EU - which is the biggest market on Earth. Post war Germany actively chose the social democrat model for their economy and political system. It has the finest constitution in Europe (modelled on the US but containing substantially more pages!) the welfare state supports everyone and the growing economy provides the work that creates the wealth that pays for all this. It is normal for such a society to create a bunch of laws odd to English speakers - but then my own country doesn't even have a written constitution and our councils tax the individuals home. The present day German is focussed on career, personal improvement and health and very little else.

    It is an unusual characteristic of Germany that everyone suffers from angst (fair enough, they invented the word) but the angst is all about really unlikely events (acrylimide in barbeque food causing cancer for example) and yet they throw caution to the winds the moment they get in a car.

    This angst condition is so endemic I have christened it "Fright Club". Only a few weeks ago they were obsessed with "wifi smog" people were switching of their routers and phones to protect themselves from this new scourge. It didn't appear to stop them from watching television or listening to the radio, but there you go - science and magic confused or just interchangeable.

    Coupled with this angst is another curious condition called Gründlichkeit or thoroughness. Gründlichkeit 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 because there are about 127 of them (the last time I tried to count 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.

    In Germany when you change your address, you have to inform the special municipal department -Wohnanmeldegungamt- (department of names and addresses)of the change and fill in three forms. A group of students could not understand how this did not exist in Britain or USA. "What's to stop you getting on a plane, flying to the UK, robbing a bank and then flying home?" was their completely serious question and my answer: "Even German bank robbers don't normally use their identity cards or leave a forwarding address during the robbery," leaves them completely unconvinced.

    Conversation with Wohnamt Official:
    Official:"What is your father's occupation?"
    "He's dead, what difference does it make?"
    Official:"I have a space in the form for it"
    "which job would you like?"
    Official:"His last one..."


    Official:"What religion are you?"
    (proudly) "Agnostic"
    Official:"You can have: Catholic, Protestant or atheist."
    "But I'm an agnostic"
    Official: Ticks 'atheist'

    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.

    --
    Posts, MyBio or Sig, may contain satire, sarcasm, bolded nouns be sardonic or even witty & be Church of SD
    1. Re:Same FUD, different day... by mdielmann · · Score: 1

      ...one good thing outweighs loads of bad things... *looks at user name...mdielmann*

      You either meant to say "one bad thing outweighs loads of good things", or you're talking about Americans. Either way, this makes it impossible for me to take your post seriously. If this kind of failure happens again, I'll have to add you to my foes list and relegate you to The Abyss.
      --
      Sure I'm paranoid, but am I paranoid enough?
    2. Re:Same FUD, different day... by Doctor+O · · Score: 2, Informative

      In Germany when you change your address, you have to inform the special municipal department -Wohnanmeldegungamt- (department of names and addresses)of the change Well, it's Einwohnermeldeamt (resident registration office), and the fun part is that it's even worse. The complete process includes:

      1) Going to the Einwohnermeldeamt of the place you've been living before, spend several hours in waiting rooms full of seriously pissed off people and get a written "deregistration" confirmation.
      2) Going to the Einwohnermeldeamt of the new place, spend several hours in waiting rooms full of seriously pissed off people, show said confirmation, and also give them the copy of the registration form you hopefully bought in some store because you *can't* get it at the Einwohnermeldeamt.
      3) Then there's some payola, they update your ID (yes, we have *real* ID and don't just use our SSN or driver's license, this is Germany after all) with a small sticker and a rubber stamp, and you're done.
      4) Even though you've just told the Government your new address, you have to repeat that process also for the registration of your car, your GEZ fees (a mandatory fee that's used to finance state television), the tax office, and many others I won't quote because my anger really starts coming up now.

      Oh, and all of this costs money. Yeah. Depending on where you live, the fees easily add up to a three-digit amount. And did I mention that you have to perform all of this in the first three days after your move? If you don't, you get prosecuted and pay a pretty hefty fee. I mean hey, I don't have FUCKING ANYTHING ELSE TO DO in the first days in the new house, like, say, unpacking boxes or reassembling the furniture that I have someplace to sleep.

      I'll stop now, but you can see that Germany bureaucracy really sucks balls, and can drive you mad. Actually it does so almost always whenever you have to deal with it and many people do outrageous things to not be forced to deal with it.

      And, being German, I don't see why people mod you Funny, because I think you're pretty much spot on. Then again, at least it's not boring here.
      --
      Who is General Failure and why is he reading my hard disk?
    3. Re:Same FUD, different day... by El_Oscuro · · Score: 1
      That sounds about as easy as renewing your drivers license here in Virgina:
      1. Wait in line for 2-3 hours to get to the entrance of the building. Hopefully you don't pass out from lack of circulation since there is no place to sit and you have to stand the whole time, along the the other 500 pissed off people.
      2. Once you get to the clerk, who hands you the forms, you are finally allowed to enter the building, where hopefully you'll find a seat where you can fill out the long form which asks for all of your information that the DMV already has on file. If you have a good book, you should be able to finish it while waiting in the building with another 500 of your best friends.
      3. Once you FINALLY get to the counter, the whole transaction takes 5 minutes, where the clerk tells you the score of the football game you completely missed.

      BTW, there is nothing sweeter than having an Audi with a stickshift on the Autobahn, with a case of Parkbrau Perminators in the fridge at home. Of course here in VA, an Audi doesn't do you much good, as the ticket for going 75MPH on the interstate is over $1000.

      --
      "Be grateful for what you have. You may never know when you may lose it."
  49. Ban the Screwdriver! by Anonymous Coward · · Score: 1, Funny

    Lawmaker - We must ban the screwdriver as someone may hurt you with one.

    Sane person - But how do I get into my PC without one?

    Lawmaker - Don't bother me with such minor questions I am making the world a safer place.

    Homer - Doh!

  50. politicians are morons by voraistos · · Score: 0

    They'd better get rid of all the unrestricted porn crap and excessive advertising "technologies" (spam spyware and their friends). That would be a usefull law.

  51. wow by Anonymous Coward · · Score: 0

    All I can say:
    Scheiße oO

  52. Re:Is it against "hackers"? Or against self defens by cbv · · Score: 1

    I mean, it could be a coincidence that those things appear at the same time.

    Honi soit qui mal y pense.

  53. Tech Laws News Gets Positive Outlook Each Day by Anonymous Coward · · Score: 0

    Don't you just love how the news just better and better every day. I don't. Are you not sick of this shit yet?

    Pretty soon we won't be able to do anything anymore, can't stream audio, can't stream video, can't have downloads, can't have reversing tools, can't have adult content, can't have gambling, can't have (insert daily stupid fucking law)

    We all need ONE NEW LAW against bad, stupid, ignorant, corrupt laws. And throw these fucking clueless lawmakers that don't know technology OUT! Get em out, stop voting for their ass. They stink. They're fucking everything up.

    I feel for ya Germany, we got hella fucking (snooping among others) problems out here in the USA too!

    Just look at our 200 year old constitution, ain't it looking good today?
    We are so proud of Bush! gosh were so proud.

  54. Well what again is a browser? by Anonymous Coward · · Score: 0

    When approached by child reporters, the federal minister of justice, who enforced this law, showed her expertise by giving the children the am. answer to their question what she knows about browsers. Other minster offices are occupied by even lower educated persons. For instance the highest education the deputy chancellor has achieved was becoming an industrial clerk in the late 70ies. There were heavy protest from safety specialist and the software industy. However they all were in vein. The current government is trying to shoot Germany back to the medieval ages, I am afraid.

  55. really not interesting by Anonymous Coward · · Score: 0

    user@desktop:/opt/ltsp$ nmap bundestag.de

    Starting Nmap 4.20 ( http://insecure.org/ ) at 2007-08-13 11:16 CEST
    Interesting ports on s600.bundestag.de (217.79.215.140):
    Not shown: 1695 filtered ports
    PORT STATE SERVICE
    80/tcp open http
    443/tcp open https

    Nmap finished: 1 IP address (1 host up) scanned in 31.231 seconds
  56. And Hitler burnt books too by Anonymous Coward · · Score: 0

    Oh dear, repeating past mistakes, closing minds, and propaganda to justify conformity, not freedom.
    Crass stupidity. Existing laws already deal with such concerns. In some cultures, not educating women is acceptable and routine. So nice of them to decide what is good and what is bad, and to punish knowledge, not wrongful deed or action. A misfeasance of jurisprudence.

  57. when weapons are illegal... by Anonymous Coward · · Score: 0

    when weapons are made illegal only criminals will have weapons

  58. just watschen der blinkenlichten by MS+(404) · · Score: 1

    ..that's what the german government must have been thinking.
    You're free to use a computer but HÄNDER IN DAS POCKETS MUSS !

    It's happened before

  59. Re:Germany... by Anonymous Coward · · Score: 1, Funny

    Pot meet kettle.

  60. Re:Germany... by Anonymous Coward · · Score: 0

    Except the turds that go to the lengths they do for the minimal attention they receive would just create a new account (or have a single troll account) each time anyway...

    and you don't have to be logged in to post A/C!

  61. Re:Germany... by BronsCon · · Score: 2, Insightful

    Let me simplify this a bit more. Everything that happens online which does not require the user to log in is happening in public. Anyone can come by and see or read it. If you post something online, have no expectation of privacy regarding that something unless you put it behind lock and key (by which I mean an authentication process you are in control of). Just like in the real world; if it's not locked up, don't expect it to be private.

    Further, you're not an IRC user, are you? Script-kiddies (with the same mentality of the people concealed-carry laws were created to protect us from) almost ALWAYS try to get their way by carrying their weapons where they can be seen. Immature, yes; but that doesn't make it any less common.

    To paraphrase the analogy I originally made; a page requiring the user to agree to a set of terms before entry is liken to a door, a page requiring them to log in is liken to a lock. Anything behind a door is inherently safe from people who do not want to see it. Anything behind a locked door is inherently safe from those who are not allowed to see it. Anything else is happening in public view.

    Yes, break-ins are possible. That's precisely why existing laws should apply; to protect those who secure their systems form those wishing to access them, rather than to protect those who go out in public looking for trouble. We have public areas, we have private areas, we have laws regarding those areas. Why make new laws when the existing ones apply just as well?

    Why should someone who would be arrested for their actions, were they on the street, go free simply because it's the internet?

    Simply put, if they are acting in a public area of the internet, they shouldn't.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  62. All this really says is ....... by 3seas · · Score: 1

    computer systems are not created in such a manner to have inherent safety and security.

    Its an industry problem the legal system is failing to properly motivate correct where it is actually needed.

    Treating the symptom is not going to cure the disease. But it will lead to other symptoms that will further be treated.

    1. Re:All this really says is ....... by celle · · Score: 1

      "Treating the symptom is not going to cure the disease. But it will lead to other symptoms that will further be treated."

      That's how all political systems deal with things, from columbine to 9/11. It makes sure that it will happen again, just to keep the rest of us afraid and manipulable. 9/11 root cause saudia arabia, and they're doing little to prevent it from happening again. Columbine, caused by creating a closed school society that doesn't take into effect combining so many individuals with the hyper-amplified viewpoints and behaviors of children and their lack of limits. We treated the limits some but not the parent society or school society that creates and enforces the viewpoints. So guess what, more disasters of our own making are coming and in plain view too.

    2. Re:All this really says is ....... by 3seas · · Score: 1

      Actually it was this that began the attacks on the World Trade Center.

      http://www.pbs.org/wgbh/nova/transcripts/2704stock market.html

      other symptoms of this bet include the dot com boom and bust, easy come winners had to put there money somewhere so why not into that which had no product or service... easy come easy go..

      Other include Worldcom, Enron etc as loosers.

      and there's a bunch more to the mess that the media has never put together for the public...
      As they have been threatened with anthrax...to keep quite about it, though Ted Turner (CNN) publicly stated that the WTC fall was an act of desperation.... later changing his mind, probably after an anthrax letter....

      So yeah.... treating symptoms, not the cause, not the disease.....

  63. Re:Germany... by BronsCon · · Score: 1

    When I replied to it, it was modded Funny; therefore, a correction is due.

    "No, you're eternally on-topic for your post, even though you were responding to a first post to gain a higher placement."

    I'll own up to what I did, but let's not get out of hand here.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  64. I'm German and have read the law. by aix+tom · · Score: 2, Interesting

    http://dejure.org/gesetze/StGB/202c.html

      202c
    Vorbereiten des Ausspähens und Abfangens von Daten
    -> Preparation to spy out or intercept data.

    (1) Wer eine Straftat nach 202a oder 202b vorbereitet, indem er
    -> Anyone preparing a criminal offense according to 202a or 202b by ...

            1. Passwörter oder sonstige Sicherungscodes, die den Zugang zu Daten ( 202a Abs. 2) ermöglichen, oder
                                -> collecting passwords or similar security codes, which allow access to data ( 202a / 2), or

            2. Computerprogramme, deren Zweck die Begehung einer solchen Tat ist, herstellt, sich oder einem anderen verschafft, verkauft, einem anderen überlässt, verbreitet oder sonst zugänglich macht, wird mit Freiheitsstrafe bis zu einem Jahr oder mit Geldstrafe bestraft.
                                -> produe, supply or sell Computer Software with aims at perpetrating such offenses, is punishable by one one year in prison or a fine.

    Where 202a/b basically define the crime "getting at data you are not supposed to get at"

    I think the real problem is the first sentence "Anyone preparing a criminal offense according to 202a or 202b by..." which creates a circular dependency. I really don't understand even from the German text if that means that 202c 1/2 only comes into effect if you really are preparing to actually hack someone specific (202a/b) of if it's the other way around.

    I don't give that law a lot of time before it is changed. (At least I hope so)

    1. Re:I'm German and have read the law. by aix+tom · · Score: 3, Insightful

      I have dug a little further.

      A lot of representative of the Bundestag have discussed that meaning of that article.

      (http://www.abgeordnetenwatch.de/index.php?cmd=223 &id=0&q=%22%A7+202+StGB%22)

      They all state that the PRIMARY INTENTION of the programmer / distributor / user has to be to hack someone.

      ( Danach sind nur Computerprogramme betroffen, die in erster Linie dafür ausgelegt oder hergestellt werden, um damit Straftaten nach 202a, 202b StGB zu begehen. )

      A few have also said, that they possibly will have to act quickly and clarify that in the text if the wording is mis-interpreted in courts.

  65. Re:Germany... by stevedcc · · Score: 2, Interesting

    I think this whole fuss is somehwat overblown... my finacee is a german law student... pased her first state exams, about to go and do the "on the job learning" part. She's been translating the law for me (she wants to defend her country against all this fuss). Some points she made:

    • This law is implementing a European Council Convention ruling from 2001 (don't just pick on Germany), to keep consistent criminal cyber law across Europe.
    • The law states that someone is only comitting a criminal offence if they're acting without authorisation
    • It's only illegal to develop software that is INTENDED to be used for computer crime - tools with genuine uses would not be subject to this by just existing, but misuse of them would be a crime
    • The concerns people have been expressing about "the whole security industry will be operating in a grey area" just aren't fair: security researchers shouldn't be poking about in machines without authorisation, so it's not a problem

    I understand that there's a lot of concern about how the laws will be applied, but this is hardly unique to Germany, tech crime is generally difficult for law enforcement agencies to deal with, we'll see what happens with that. My fiancee thinks that part of the problem is that most of us English speakers don't have a basic understanding of the German legal system

    NB IANAL, my fiancee isn't(yet) and she's not your lawyer.
    --
    todo - The developer's equivalent of confession: "Forgive me Father, for I have sinned..."
  66. In case of technologically illiterate judge .... by aix+tom · · Score: 1

    ... Point him to this statement by Secretary of Justice Zypries

    http://www.abgeordnetenwatch.de/brigitte_zypries-6 50-5639-1-p491.html#frage67105

    Which basically not only states the primary INTEND of the software itself has to be to commit a crime, but also ..

    ".. Erforderlich ist, dass der Täter eine eigene oder fremde Computerstraftat in Aussicht genommen hat," .. would be necessary that you as the programmer would have to have know of the specific hacking attempt that was planned with your software.

    She specifically says that use of such software to test security or for educational purposes is NOT punishable.

    I sure hope they clean up the text in the article itself that way, though.

  67. Godwin's "law" by bussdriver · · Score: 1

    1) Godwin's law is a harmful one-liner that shuts off too many people's brains. Its not a true statement; just an observation and is in no way a "law."

    2) Godwin's law should be forgotten. Godwin's law only serves to keep the people who need to learn lessons of history the MOST from learning anything. If you need a guideline to spot a failing discussio you clearly need some debate skills in addition to possibly needing history lessons.

    3) I think Godwin's law undermines the word "law." Nice part is that it can quickly indicate your arguing with a fool and that you should stop immediately (because fools will get you to sink down to their level and beat you with their experience.)

    WW2 was arguably the most widespread and influential man-made event in human history. I'm bashing Godwin's "law" and not commenting on the quality of the ./ discussions.

    1. Re:Godwin's "law" by sumdumass · · Score: 1

      I agree but I'm not so sure I can agree with everything. Godwins's law is good for shutting down trolls and people who want to make egregious straw man arguments instead of factual debate or even honest opinionated arguments.

      When I first heard of it, it was specifically for ending a debate, when someone took something unrelated and compared it to one of the most emotionally driven events in human history just to press a point, the discussion was over and whoever invoked it lost on a technicality. But nobody really saw it a loosing when the discussion turned to baiting and trolling. It has morphed into a lot more today apparently. I'm not sure why it had changed to include other stuff unless it was because people didn't want to defend their positions. But I don't think it was ever intended to stop a discussion on history or WW2 in itself. It was mean to stop the Person A agrees with position X which it really close to what hitler agreed with so Person A is just as evil as hitler.

      And I Agree with using it like that. There is no reason to depend on the emotions of a separate incident in order to push a point you were making. We won't see another Hitler, We won't see another final solution (at least not in our life times). Sure, if you don't know your history, you are doomed to repeat it but at the same time, not every little thing that surrounded WW2 means that we would have another world war or mass slaughter of people for religious and/or economical reasons combined with hate.

      I find it useful in many ways but I would also be open in the usage. Sometimes there is a valid point being made other then nah-nah nah-nah new new. When there isn't, It is a good escape.

  68. Uh, fishing? by myowntrueself · · Score: 1

    There is no valid reason for a non-military person to be able to own a hand grenade. The grenade cannot be used for any peaceful purpose, nor for self defense, because of it's extremely high collateral damage.

    I think that some Americans may take issue with attempts to stop them from using traditional fishing methods.

    --
    In the free world the media isn't government run; the government is media run.
  69. Missed the best part? by myowntrueself · · Score: 1

    If I recall correctly, the UK law has a clause to do with making it an offense to provide information 'likely to be useful to a terrorist', thereby effectively criminalising almost all knowledge... such as street maps, dictionaries, tourist guide books etc.

    --
    In the free world the media isn't government run; the government is media run.
  70. Stupid to argue about what you don't understand by ChrisA90278 · · Score: 1

    How is the law written. In many places they define "burgler tools" as things like a screw driver or pry bar. But clearly it is legal to own these. It depends on how and where these are used. A screw driver in a workshop or a job site is one thing but at night near someone I don'tknow's house it another. Perhaps some of these software tools are treated the same way.

    Typically laws are written in very technical terms using works with meaning that have been defined in court cases. So without knowlage of these cases you can't know the details, even if you could read German

  71. Does it forbid software that can be user to hack? by Anonymous Coward · · Score: 0

    I can't read german well enough to handle legal details. And i couldn't find a translation that was specific about the details of the german law.

    But, in some reports, it sounds like the german law is forbidding the creation, use, or possession of software that can be used to hack.

    God, I hope their judges have a clue when this comes to a test. Let's see: Little Timmy the Hacker used MS-Word to save a list of common passwords, so obviously MS-Word needs to be banned?

    How about we pass a law that makes it illegal to own any device which can be used to kill? Then we can arrest anyone who owns a car, knife, wrench (or any decent sized tool), doughnut shop (too much cholesterol) pillow (smothering), water (drowning), or even a tall building.

  72. Re:Germany... by HolyCrapSCOsux · · Score: 1

    Actions on the internet cannot be likened to a public square. Unless such public square is cached and searchable.

    IOW, If I were to flash someone in a public square, The person that I flashed and anyone in a very limited line of sight that happened to be looking in my direction at that instant saw the event. Everyone else saw something different. If all of those folks just thought "what a perv" and went on their way, no harm done.

    OTOH, if I did the same on the internet, anybody could be offened by the same act months or years later.

    --
    0xB315AA8D852DCD3F3DCA578FD2E0BF88
  73. Fear not liebchens ... by Rockin'Robert · · Score: 0

    Ich bin ein slash dotter,
    thus immune from prosecution
    due to diminished responsibility!
    Phew! That was a close shave - huh?
    RR
    PS. Whiplash the Cowboy Monkey is not to be
    confused with the Smirking Chimp Bush 43
    and neither were born in Texas!
    http://www.youtube.com/watch?v=BYNoQZ5djUA
    video.google.com/videoplay?docid=-3716656868007810 218 br>

  74. interview with German lawyer by Anonymous Coward · · Score: 0

    SecurityFocus published an interview with a German lawyer:

    Germany is passing some new laws regarding cybercrime that might affect security professionals. Federico Biancuzzi interviewed Marco Gercke, one of the experts that was invited to the parliamentary hearing, to learn more about this delicate subject. They discussed what is covered by the new laws, which areas remain in the dark, and how they might affect vulnerability disclosure and the use of common tools, such as nmap.

    Read more at http://www.securityfocus.com/columnists/448

  75. Re:In case of technologically illiterate judge ... by Anonymous Coward · · Score: 0

    She specifically says that use of such software to test security or for educational purposes is NOT punishable.

    The only problem with this: It is not mentioned in the law, so who cares about her statement?

  76. Re:Germany... by KudyardRipling · · Score: 1

    Now if the packets containg the above post travelled through the infrastructure of any nation that has criminalized Holocaust denial...yeah, that must have already been traced to its origin. Hmmm, there is one Predator drone missing from the CIA inven[Pwrrt-THuD! bagtagdragdragdrag]

    --
    Submission as evidence constitutes plaintiff and/or prosecutorial misconduct.