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  Constitutional complaint: pirate charges against extradition obligation for prepaid phones | Bit Updates
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Constitutional complaint: pirate charges against extradition obligation for prepaid phones

Tuesday, September 5th, 2017 | bitcoin updates

      
    
  Constitutional complaint: pirate complains against extradition obligation for prepaid mobile phones

      

    

    
    
      
          05.09.2017 08:11 UhrStefan Krempl
          
      
      
      
      
    

    
        
            
        
        
    
    
    
              The data protection expert of the pirate party, Patrick Breyer, has called the Federal Constitutional Court for anonymous SIM cards because of the expired in July. He wants to ensure the freedom of communication.
            
            
            
                    
            If you purchase prepaid mobile phone cards, you must present a pass at the dealer or directly at the network operator since the beginning of July. This duty had the great coalition last year in the context of another anti-terrorist package in the fast paced by the Bundestag, the Federal Council let the initiative despite criticism of many experts simply pass. The data protection expert of the pirate party, Patrick Breyer, wants to tilt this off again for anonymous SIM-cards as soon as possible and has therefore against the circulation constitutional complaint inserted.
"Not Relative"

    
            Patrick Breyer
            
            
            
        
    
    

        Picture: Gerd Seidel, CC BY-SA 3.0
The Federal Constitutional Court has now confirmed the receipt of the application of the July 31, according to the pirates, and takes the case under the number 1 BvR 1713/17. On 49 pages, Breyer confirms that he violates his fundamental rights to self-determination, freedom of expression and free access to information. His current mobile phone card for the network of Telefonica was "still registered on a false identity". Sooner or later, however, he would have to acquire a new one, especially as the current use of the connection and location data would also lead to anonymity.
The lawyer active in the Working Group on Data Retention records that the disclosure requirement is not justified because it is contrary to the principle of proportionality. Thus, the effectiveness of the duty was not proven, offenders could also circumvent them by switching SIM cards. On the other hand, "social interest in anonymity" prevails. Their prohibition would mean a "break for the protection of privacy". In general, remote communication is particularly vulnerable.
One more procedure
Breyer continues to argue that democratic society as a whole is a pity when people for fear of disadvantages do not communicate with others. Holger Münch, the President of the Federal Criminal Police Office (BKA), considers the measure to be necessary since inventory data such as name and address played an important role as an investigative instrument in almost every procedure. Although the exclusion obligation does not reach without a gap, it represents a "clear gain".
A Breyer appeal is also pending at the European Court of Human Rights against the original identification obligation for SIM cards, which has not yet been subject to a requirement. The pirate had also called the Karlsruher judges because of the corresponding amendment of the telecommunications law of 2004, but the 2012 rule in their judgment, the rule to prepaid products did not objected. Breyer therefore turned to the Court of Strasbourg.

(Mho)

        

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