[pp.int.general] urgent: data retention and downloading

[Ricardo Cristof Remmert-Fontes]

Helmut Pozimski schrieb:

> Yes, Germany. I know that that must sound strange since you reasoned exactly 
> the opposite from the laws. It's really a difficult topic and I believe even 
> most of our law experts in germany have different 
> opinions about it. Recently a law has been passed in germany that forced 
> internet service providers to give data to rights owners in civil lawsuits. 
> It still requires a decision made by a judge but still, the access is there. 
> That caused a lot of confusion because giving out data collected according to 
> the data retention law would just be illegal. Our constitutional court 
> restricted the access to this data even more than the law. 

Actually, yes. But it is an interim injunction.

> 
> Well, what data do they want to give the rights owners then? There are a few 
> providers (Deutsche Telekom is one of them) which do not collect data 
> according to the data retention law. (They won't be forced to do this until 
> 2009) 

This is not abolutely correct.

In germany, the storage of internet traffic data and email data ist 
postponed until 1/1/2009.

This is, because the stakeholders group (Recital 14 working group) of 
the european commission and thus the german equivalent have not yet 
finished talking about technical standards for how and which data 
exactly to store (VOIP, IM, Ports? and others).

Viele Grüße,
Ricardo Cristof

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