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German Authorities Lack Evidence To Prosecute Anyone For NSA Spying

jfruh (300774) writes "The revelations about the NSA's surveillance program caused particular outrage in Germany, a country that is closely allied with the United States but nevertheless found that its leader's cell phone was being snooped on. Nevertheless, the German federal prosecutor's office will not be bringing any charges against anyone, mostly because they lack enough evidence (Google translation). The decision is sparking anger among German privacy advocates."

13 of 107 comments (clear)

  1. Yeah, right by Anonymous Coward · · Score: 2

    Translation: The NSA has some information about their politicians that would be... Unfortunate if it was accidentally revealed in a trial.

  2. Re:Germany can't prosecute Americans by Rik+Sweeney · · Score: 2

    I would advise Germany to mind its own business

    I don't think it needs to, the NSA is minding Germany's business for them.

  3. NSA surveillance in Germany is most probably legal by Anonymous Coward · · Score: 5, Interesting

    We have treaties left over from WW2 that interestingly were put in place. There is a Professor at Freiburg University who says what the NSA is doing in Germany is basically legal. He even claims that the German secret service can legally assist the NSA.

    http://www.sueddeutsche.de/politik/historiker-foschepoth-ueber-us-ueberwachung-die-nsa-darf-in-deutschland-alles-machen-1.1717216

    We also have a quite unspecific exception clause in Artikel 10 (section 10) of our Grundgesetz (constituiton), that restricts applicability of telecommunications secrecy.

    http://www.gesetze-im-internet.de/gg/art_10.html

  4. Re:That's too bad by Richard_at_work · · Score: 2

    Whats the issue here? While indeed "allies", Germany is still an international rival to the USA and thus the NSA targeting the German political leadership is perfectly acceptable as that is, surprisingly enough, their job - espionage and intelligence gathering! Gathering information which gives the USA an advantage in talks or negotiations (trade agreements et al) is what is supposed to be going on.

    What the Germans should be asking close questions about is why their counter-espionage agencies are not protecting them - where is the failure?

  5. Re:That's too bad by wealthychef · · Score: 2, Insightful

    Even accepting your idea that there should be no limits on espionage, one big problem here is that the espionage was discovered. If you are going to spy on me, I'd better not find out about it. That's just the way the game is played. If it were OK to do, they wouldn't call it "spying," they would call it "looking."

    --
    Currently hooked on AMP
  6. Sounds like a good way to save face by Registered+Coward+v2 · · Score: 2

    "Ja, Ve investigated but der Amerikans undt Birtish vouldn't answer zee question and zee others vent all Sgt Schulz on uns"

    Meanwhile, behind the scenes, leaders realized such a prosecution would open a can of worms that could lead to very embarrassing disclosures about German activities and complicity in the spying. No politician wants to be caught in that mess, and the spymasters are quite happy to keep working together while the politicians publicly denounce the spying for their own political ends. I would not be surprised if sone of the professionals are going "We have too get some of that stuff for ourselves" and "Holy crap. They can do that?"

    --
    I'm a consultant - I convert gibberish into cash-flow.
    1. Re:Sounds like a good way to save face by Savage-Rabbit · · Score: 3, Funny

      "Ja, Ve investigated but der Amerikans undt Birtish vouldn't answer zee question and zee others vent all Sgt Schulz on uns"

      ...Holy crap...

      I have always found it strange how you Anglo Saxons see so much sanctity in feces. To us Germans it is a revolting substance but for you it is the focus of much religious reverence.

      --
      Only to idiots, are orders laws.
      -- Henning von Tresckow
    2. Re:Sounds like a good way to save face by gstoddart · · Score: 3, Funny

      I have always found it strange how you Anglo Saxons see so much sanctity in feces. To us Germans it is a revolting substance but for you it is the focus of much religious reverence.

      That's OK, we've never understood why your toilets have shelves so you can inspect your own feces.

      So, whose the one obsessed with poo?

      --
      Lost at C:>. Found at C.
  7. Re:That's too bad by Anonymous Coward · · Score: 2, Insightful

    Stop with the "it's their job!" nonsense. Nobody is buying it. Our president was just saying a few months before the NSA revelations that China was hacking into our government systems and considered it a breach of treaty and an illegal act of aggression. The only difference here is that the "bad guys" are on our side and you are buying into their propaganda.

    "Everybody else is doing it" also is not an excuse. It didn't work when you were a child and sure as fuck doesn't work when you're a adult. Do not make excuses for those that are actively making themselves your enemy.

  8. translation by stenvar · · Score: 5, Insightful

    The NSA couldn't spy and monitor in Germany without the close and widespread collaboration of the German government and German corporations.

    What they are really saying is that they couldn't find someone to shift the blame to outside the government or the corporations close to the government.

  9. Lotteries by Anonymous Coward · · Score: 2, Interesting

    If you want the power, you must pay the price.

    This attitude ensures that we are governed by people that love power.

    That's why I think we should have lotteries for political service. Once you hit voting age and legally able to vote, you are automatically entered into the service lottery and you serve one term and one term only in that office.

    Once you do one mandatory service period, one can choose to volunteer to be placed back into the lottery pool for another office other than the one you served in.

    This will take a bit of the money out of politics, end career politicians and I really think it would lead to a much fairer democracy and republic.

  10. Wasn't in German by sir-gold · · Score: 2

    Considering how some European countries are so protective of their language, I bet they refused to accept the evidence at hand, because it was in English instead of German.

  11. Re:talk about terrorists by Anonymous Coward · · Score: 2, Informative

    No, the USA "brings charges against" these guys. "Prosecution" requires a trial before a Judge and Jury. Which in turns requires a defendant who is PRESENT for the trial. We have no legal provision for Trial in Absentia in the USA (hence Kerry saying Snowden should "come back to the US to stand trial").

    No, the USA simply sends drones to kill unwanted persons without any of that.