The Bundestag’s Research Service today published a report which considers parts of the recently passed law to combat right-wing extremism and hate crime to be unconstitutional.
Bitkom CEO Dr. Bernhard Rohleder explains:
"With its report, the Scientific Service confirms the long-standing criticism of the law against hate crime : the obligation for social networks to transmit large numbers of IP addresses to the BKA on suspicion is disproportionate and therefore unconstitutional. When providing data, proportionality must always be weighed up. However, the law against hate crime overrides this principle. With a mandatory transfer of user data, it is highly likely france gambling data that many citizens will end up in a BKA suspect file for years - without even knowing about it. According to the Scientific Service, the Federal Criminal Police Office would be prohibited for constitutional reasons from using the IP addresses transmitted by social networks to identify users - this would make the new law pointless.
Right-wing extremism, hatred and incitement must be fought and prosecuted just as decisively on the Internet as in the analogue world. That is undisputed. It is nevertheless regrettable that in this hasty legislative process no serious dialogue took place between all those involved in order to develop a practical solution that complies with fundamental rights. Now the shortcomings in the legislative process should be made up for and a completely new law should be drawn up."
Bitkom on the law against hate crime
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