On Monday 28 May 2007 16:57, Randall R Schulz wrote:
> Could you provide some pointers to on-line information regarding this
> law?
[ . . . ]
2. Creating, procuring for themselves or others, selling, distributing,
handing over or in any other manner making available to others
computer programs the purpose of which is the commission of such a
criminal offense will be punished with a prison term of up to one
year or with a fine.
As the wording of the draft makes clear the sole criterion here is the
objective risks inherent in the software -- and not as one might expect
the purpose for which it is meant to be used. Thus it says verbatim:
In particular the potentially widespread distribution of hacker tools
made possible by the Internet, their easy availability, as well as their
simple use, constitute a considerable danger, which can only be combated
effectively by making the distribution as such of such inherently
dangerous tools a crime.
Thus it is suggested in Section 1 Subheading 2 that the committing of an
act or acts preparatory to the commission of a criminal offense as
defined in 202a or 202b StGB by creating, procuring, selling,
distributing, handing over or in any other manner making available to
others computer programs the purpose of which is the commission of such
a criminal offense be penalized.
The draft has been vehemently criticized by German industry associations
such as the Association for Information Technology, Telecommunications
and New Media (Bitkom) (PDF file) and eco (PDF file) as well as the
Chaos Computer Club (CCC).
--
Kind regards,
M Harris <><
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