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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