<http://www.datenschutzzentrum.de/material/themen/presse/anon-bka_e.htm>
Independent Centre for Privacy Protection 2. September 2003 P R E S SšššR E L E A S E German Police proceeds against anonymity service The German Federal Bureau of Criminal Investigation (FBCI) obtained another judicial decision against the AN.ON project last Friday. This decision by the Lower District Court in Frankfurt /Main was a search warrant for the rooms of the AN.ON project at the TU Dresden to find a protocol data record for police investigation. This record had been recorded on the basis of a judicial instruction which had been suspended in the meantime. On Saturday, FBCI officers went to the apartment of the director of the Institute of System Architecture at the Faculty of Information Technology and demanded the surrender of the protocol data record. Since this was the only way to avoid a police search in the institute, and therefore further disadvantage to the TU Dresden, the data record was handed over. In the opinion of the AN.ON operators, this procedure by the FBCI is not supported by the law. According to the project partners' opinion, the decision by the Lower District Court is unlawful. Since the enforcement of the duty to disclose information instructed in a previous decision by the Lower District Court (according to ŽŽ 100 g, h of the Code of Criminal Procedure) had been suspended by the District Court in Frankfurt /Main, it had been clear that there was no obligation to surrender until the final decision in the main case was made. Therefore, the enforcement to surrender the data record by use of a new search warrant is a law-abusing evasion of the decision made by the District Court After the District Court had provisionally decided in favour of AN.ON, the police was not allowed to fall back on general surrender and seizure regulations (ŽŽ 103, 105 of the Code of Criminal Procedure). The project partners are going to lodge an appeal against this decision. The project partners consider a court examination of the FBCI procedure to be definitely necessary. š Informationen about AN.ON unter: http://www.anon-online.de š Press releases by the ICPP of Aug. 19, 2003: AN.ON still guarantees Anonymity Press release by the ICCP of Aug. 27, 2003: First partial success for AN.ON š Information about the work of the ICCP: Independent Centre for Privacy Protection Schleswig-Holstein Holstenstra§e 98 / 24103 Kiel Germany Phone: +49 431/988-1200 / Fax: +49 431/988-1223 E-Mail: [EMAIL PROTECTED] Homepage: http://www.datenschutzzentrum.de š š -- ----------------- R. A. Hettinga <mailto: [EMAIL PROTECTED]> The Internet Bearer Underwriting Corporation <http://www.ibuc.com/> 44 Farquhar Street, Boston, MA 02131 USA "... however it may deserve respect for its usefulness and antiquity, [predicting the end of the world] has not been found agreeable to experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire' --------------------------------------------------------------------- The Cryptography Mailing List Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]