Germany approves new data laws – the end of Gmail in Germany?

By Mark O’Neill

The German government last week passed new laws which orders web and phone service providers to keep their data logs for six months. If the Federal Constitutional Court ultimately deems the laws constitutional, Google has declared it may, as a last resort, shut down Gmail in Germany.

Google’s Global Privacy Counsel Peter Fleischer has called the laws “a harsh attack on privacy”. However, the German government says that the data logs – which mainly consist of IP addresses and the email addresses used – are needed by the police and security services to fight terrorism. But privacy advocates say that with the IP address and the email addresses, you can then go on to perhaps read the message itself. Advocates of the law claim that the newly passed German laws could greatly assist in stopping another Madrid-style train bombing.

Also included in the law are phone logs and text messages.

So you have a situation where you can see merits on both sides of the argument. On one hand, you want to stop potential terrorist attacks with whatever means available. But on the other hand, the potential by government agencies to abuse the law is enormous. The over-used phrase “a slippery slope” comes immediately to mind.

Where Google takes particular issue is that the law would essentially end the practice of anonymous email accounts. Users would have to provide valid registration information including their residential mailing address and this would force them to use their real name and real contact details in their email. Google claims that people take advantage of anonymous email to take advantage of their right to free speech and to avoid government repression. Having to reveal their personal contact details would therefore stifle the right to express opinions without the government being able to track you down afterwards.

If that wasn’t bad enough, Google Blogoscoped is reporting that the German Interior Minister, Wolfgang Schaeuble, wants to pass a new law that installs trojan horses on people’s computers to monitor their communications.

The George Orwell state is alive and well.