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Germany wants stronger age verifications and bans on foreign providers

The German Federal Court of Justice has decided in case Az. I ZR 102/05 that even stronger age verification mechanisms are required for providing access to adult content on the Internet. According to the Federal Court, the current practice of verification of ID card numbers and bank accounts are not sufficient, because any minor could gain access to this information easily.

The court proposes a verification process which involves the local postal delivery services. The deliverer is supposed to verify the age of the future web site user in an eye-to-eye process.

For the various providers of adult content which are not subject to German law, the Federal Court sees the Internet Service Providers in the responsibility to block the web sites in question.

Data Retention in Germany adopted

It has been a couple of days already, but on November 9th, around noon (finally not in a midnight session!), the German Parliament has adopted the law on data retention (VDS: Vorratsdatenspeicherung) with a lower limit of 6 monthes of retention. This legislation requires all connection metadata to be saved for 6 monthes before they may get deleted.

During the vote, which was held around noon, the parliament was an astonishingly empty place. This legislation, which can serve to turn Germany into a surveillance state, did not even raise enough interest among the parliamentarians to cause a significant majority of them to vote on the issue, which is a rather sad thing.

According to the German federal police, there is «no alternative» to the data retention policy. The same argument could be applied to death row, so it is utterly worthless as an argument.

I invite everyone who has talked to his local parliamentarian in Germany to have a word with him about why he did not appear in Parliament or why he voted in favor of the proposal (if so): have a look at the voting list for the German data retention law.

Not all is lost

But there is still a way to influence the legislation even after it has been passed. The Arbeitskreis Vorratsdatenspeicherung has a press release on their preparation of legal action against the law. According to the Arbeitskreis Vorratsdatenspeicherung, the legislation is in disagreement with the German constitution and thus cannot be adopted as it has been presented right now.

And the Arbeitskreis Datenspeicherung is not alone with this opinion: Parliamentarians of the Socialist Party (SPD) mentioned that they also don't think the law is compatible with the constitution, but expressed that the Constitutional Court would take care of it.


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