[HN Gopher] Germany: Data retention to be abolished
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       Germany: Data retention to be abolished
        
       Author : seesawtron
       Score  : 177 points
       Date   : 2021-12-30 17:02 UTC (5 hours ago)
        
 (HTM) web link (tutanota.com)
 (TXT) w3m dump (tutanota.com)
        
       | lgrapenthin wrote:
       | Since June, the German government allows even police to secretly
       | spy on Germans "preventively", i. e. without suspicion or proof
       | of crime or future crime and without decision by court of law, by
       | installing trojans on their phones and PCs, i. e. through the app
       | store. "Your right to privacy is being respected in Germany!" -
       | This is not true.
        
         | eastendguy wrote:
         | NOT true. The regulations that you have in mind never made it
         | into law.
         | 
         | Source: https://www.spiegel.de/netzwelt/netzpolitik/bundesrat-
         | stoppt...
        
           | [deleted]
        
         | 3np wrote:
         | Not that I doubt you, but do you have a source?
        
           | St_Alfonzo wrote:
           | Maybe I mixed up something and this is the wrong law: The
           | "Gesetz zur Modernisierung der Rechtsgrundlagen der
           | Bundespolizei" was accepted by the Bundestag, but finally the
           | Bundesrat did not agree.
           | https://dip.bundestag.de/vorgang/gesetz-zur-
           | modernisierung-d...
        
         | ashtonkem wrote:
         | The German government is pretty good at putting on a face of
         | respectability and proper process, while also doing bad things.
         | I'm reminded of the fact that the state began a criminal
         | investigation of FT after they reported on Wirecard's fraud _on
         | the insistence of Wirecard itself_.
        
           | drited wrote:
           | Yep all while people working for the financial regulator
           | Bafin traded Wirecard stock in their personal accounts.
        
           | y4mi wrote:
           | Germany has a massive corruption problem on the higher
           | levels.
           | 
           | It's not as visible for outsiders, because nations with
           | corruption issues usually also have police and office workers
           | essentially doing shakedowns to do their jobs, and that's not
           | really a thing in Germany.
           | 
           | What is quiet widespread is politicians and office worker
           | enriching themselves either directly from budgets theyre
           | responsible for or by doing things for corporations which pay
           | them handsomely.
        
             | nivenkos wrote:
             | The mask scandal brought it to light.
        
         | [deleted]
        
         | ben_w wrote:
         | While I am very much opposed to being spied on without a
         | warrant[0], the case where _only_ government bodies can do this
         | is better than the case where _anyone_ can do it.
         | 
         | Of course, the existence of a mechanism to enable this is
         | itself a thing which can be exploited by the exact same
         | criminals I'm most concerned about with data retained by
         | private businesses, so it's not _much_ of an improvement even
         | though the attack surface is probably smaller.
         | 
         | [0] and indeed this is why I was already looking to leave the
         | UK even before Brexit; the Investigatory Powers Act gives _the
         | Welsh Ambulance Service_ access to anyone's "internet
         | connection records" without a warrant.
        
           | SllX wrote:
           | I prefer the case where no one does it.
           | 
           | Private corporations at least do it for money. Governments do
           | it for power. I think it's a hard case to make that that's a
           | better reason than to do it for money.
        
             | ben_w wrote:
             | Likewise I would prefer nobody does it, but that isn't
             | feasible given how easy it is to do it.
             | 
             | But... money is one kind of power, so I don't think it's
             | "better".
             | 
             | Given what happened in living memory to a previous
             | government in (East) Germany that abused surveillance
             | power, I both accept the concern, and yet also don't expect
             | it to actually apply _here_ , at least not until about 2040
             | when the last people who remember experiencing the
             | receiving end of it retire.
        
             | Jensson wrote:
             | In smaller democracies the government tend to serve the
             | people. In that case the purpose of the spying is to serve
             | the people and not a government power grab, that is how
             | democracies are intended to work.
             | 
             | Also large enough corporations tend to do things for power
             | reasons rather than money, as once you are a billionaire
             | your money is mostly just a means to exert power so trading
             | money for power is what you do. And at that size they start
             | to intermingle with governments, making the acts of the
             | company hard to separate from acts of the government.
        
               | jdavis703 wrote:
               | Maybe top-100 population US cities don't count as "small
               | democracies" in your definition. But if they do, I'd
               | argue that small democracies do plenty to protect owners
               | of capital at the expense of people in the lower half of
               | wealth owners.
               | 
               | For example, take the surveillance and excess force
               | against protestors during the summer of 2020 in the US
               | (various judges and courts have agreed that some of the
               | most high-profile police actions were illegal.)
        
               | causality0 wrote:
               | "The people" don't have any more right to my data than
               | anyone else.
        
         | yawaworht1978 wrote:
         | Without warrant or accountability?
         | 
         | How would they go on about infecting a PC?
         | 
         | Crazy that the app stores play along.
        
           | usrusr wrote:
           | Do warrants really make that much of a difference? I don't
           | really see anything that could be considered incentive or
           | control for keeping that mechanism from slowly (or not slowly
           | at all) degenerating into a rubberstamping process.
           | 
           | I could easily imagine a system that leaves case by case
           | decisions completely to law enforcement practitioners, but
           | constrains them with paper trail requirements
           | (accountability, I do agree with that part) and, most
           | importantly but unfortunately kind of irreconcilable with the
           | legal mindset, an artificial quota that forces them to
           | actually think about the case. I believe that a system like
           | that might in the end lead to less frivolous eavesdropping
           | than one where everything is fair game as soon as they get
           | someone authorized to sign off a form. "I got it signed off"
           | goes a long way when it comes to questions of moral
           | licencing: suddenly it becomes someone else's job to feel bad
           | about it if maybe someone should.
        
             | largbae wrote:
             | Would the warrant describe what is being searched for and
             | why? If so could that be used to challenge unrelated
             | "evidence" to the approved purpose?
        
               | usrusr wrote:
               | As in motivated law enforcement would want to avoid a
               | questionable warrant that could ruin all their other
               | achievements related to the case? Certainly not in
               | Germany, where the admissibility of evidence is not
               | really a factor: if evidence is assumed to be true then
               | it exists no matter the provenance, if you want to sue
               | the obtaining party for the obtainment process that's a
               | separate case.
               | 
               | And what about situations where the surveillance doesn't
               | even result in a trial? If a suspicion is made up to gain
               | e.g. intelligence over some personal opponent (or
               | personal opponent of someone the eavesdropper swaps
               | favors with) evidence disadmittance couldn't even be an
               | issue at all. But the party requesting the warrant would
               | find it comparatively easy to appease their conscience
               | with "nothing I wrote in the warrant request was a lie".
               | I believe that most people doing bad things don't really
               | like to acknowledge that to themselves, and that many who
               | might actually talk themselves into requesting a
               | questionable warrant would rather not risk running out of
               | "wiretap wildcards" they might later need for doing their
               | actual job. Of course a system trying to cause self-
               | regulation with a quota could still be designed in
               | dysfunctional ways (e.g. if there were "leftover
               | wildcards" at the end of a quarter, those would be
               | powerful fuel for abuse), but with a bit of care those
               | pitfalls should be avoidable.
        
       | usrbinbash wrote:
       | And what can we learn from this story?
       | 
       | Middle-Left coalitions are actually a pretty good idea.
        
         | dsnr wrote:
        
           | weinzierl wrote:
           | _the current one is more right-center-left_
           | 
           | You wouldn't label the Labour Party or the The Greens right
           | wing? If "right" in your sentence refers to the Free
           | Democratic Party (FDP) the abolishment of the data retention
           | regulation would even be a "right wing initiative", which is
           | kind of funny. Not sure if I agree, the only thing that's
           | certain for the FDP nowadays is that they lack a clear
           | profile.
        
             | dsnr wrote:
        
               | Krasnol wrote:
               | Whatever you're using, it's not in German sense and since
               | Germany is the topic here: the old coalition was more
               | right than the current and the current is not
               | "whatever"-right.
        
           | okl wrote:
           | > The previous ruling coalition was also center-left.
           | 
           | That's not true. Maybe center-left compared to US politics.
        
             | dsnr wrote:
             | CDU is a center catch-all party, and SPD is a left party.
             | Which part is not true? I wasn't referring to US politics,
             | this is a thread about Germany.
        
               | Aerroon wrote:
               | Why does everything list CDU as a catch-all for centre-
               | right then? It's even on the wiki.
        
               | wwtrv wrote:
               | Well historically Christian-Democrats (not only in
               | Germany) tended to be centrist or even left leaning
               | economically.
        
           | [deleted]
        
           | bbarnett wrote:
        
             | [deleted]
        
         | iqanq wrote:
         | As if data retention was the only thing the government had to
         | decide on...
        
           | johnnycerberus wrote:
           | To be fair, data retention is a hot topic right now in
           | Europe, the pandemic and the increased screen time that
           | resulted from it, the amount of accounts we had to create
           | left and right require new regulations.
        
             | iqanq wrote:
             | I live in Europe and the only hot topic I can think of,
             | apart from the virus, is energy prices. The same energy
             | prices the center-left wants to increase via CO2 taxes.
        
               | ChuckNorris89 wrote:
               | > _I live in Europe and the only hot topic I can think
               | of, apart from the virus, is energy prices._
               | 
               | And real estate prices. Don't forget the insane real
               | estate market.
        
               | iqanq wrote:
               | Ah indeed. But that bubble has been in the making for 10+
               | years. It's not a topic of conversation because we are
               | all used to it.
        
       | cblconfederate wrote:
       | except for tax reasons. then you have to keep track of every
       | penny for a thousand years.
        
       | amelius wrote:
       | Are Messenger/WhatsApp messages also telecommunications data?
        
       | adolph wrote:
       | It is unclear to me if this means that ISPs cannot retain data,
       | or a revocation of the law requiring ISPs to retain data.
        
         | pmontra wrote:
         | From what I read it seems that they have to stop logging. They
         | can start logging only after they got a request from whoever is
         | allowed to issue such requests in Germany.
        
         | realityking wrote:
         | The latter. An ISP - within the guard rails set by GDPR and
         | other privacy laws - can store customer data for their own
         | purposes. But the government won't require them to do so.
        
         | onli wrote:
         | That should be pretty much the same thing. The moment the
         | illegal data retention law gets disabled the ISPs have no right
         | to collect and retain that data anymore.
        
           | realityking wrote:
           | That's not true. It's perfectly reasonable to keep some
           | operational logs for debugging purposes for a few hours or
           | even days.
        
             | onli wrote:
             | It's illegal to keep personal data of users without either
             | legitimate interest or a direct agreement, that's
             | completely clear under the DSGVO. If the operational logs
             | are needed to fulfill the contract with the user then sure,
             | the provider can keep them (for as short as possible),
             | otherwise not. Days? I highly doubt it.
             | 
             | The Vorratsdatenspeicherung counteracted that principle, if
             | it falls away storing this data gets really complicated.
        
               | Jensson wrote:
               | Keeping server logs for a few days is considered
               | necessary for running servers. Therefore you accessing a
               | server means you implicitly give them the right to store
               | your access request for a few days, because it is
               | unreasonable to assume they would run a server without
               | access logs.
               | 
               | Edit: For example, you can't assume people will work on
               | weekends. So if an issue occurs on a weekend and someone
               | needs to look at it, then the log need to at least last
               | throughout the weekend.
        
       | pmontra wrote:
       | I'm glad about this decision. Anyway removing all personal data
       | from logging will be a huge project in large organizations. I'm
       | thinking about IP addresses [1] which are often used to aggregate
       | requests, debug, etc. Wireshark could become a hot tool to
       | handle.
       | 
       | I didn't spend much time to think about it so I might be totally
       | wrong but anonymizing IP addresses is probably not easy unless we
       | give up aggregation. I think that anything that uniquely maps IP
       | addresses also becomes personal data, e.g. cookies.
       | 
       | [1] https://www.whitecase.com/publications/alert/court-
       | confirms-...
        
         | notimetorelax wrote:
         | Wireshark is very much a hot tool to handle already. To be in
         | compliance with GDPR all the traces have to be dropped within
         | the data removal grace period.
        
       | mytailorisrich wrote:
       | Key seems to be " _without any reason_ ".
       | 
       | An example: here in the UK the limit on taking legal action on
       | most civil issues is 6 years. This means it is perfectly
       | reasonable to have a 6 year retention policy and indeed that's
       | what most companies do.
        
       | johnnycerberus wrote:
       | I totally support this. It still amazes me that companies still
       | do not delete/anonymize user accounts after periods of
       | inactivity. Everything that is linked to your email address
       | should be purged after 3-12 months of inactivity, including
       | ecommerce like Amazon, game platforms like Steam, cloud storages
       | like Dropbox, or even Hackernews. Good luck trying to find old
       | accounts that you have used years ago, what if they were breached
       | and now they are used by people with bad intentions. In my
       | country (Romania), even barber shops that store user accounts for
       | longer periods than necessary are fined the shit out of them for
       | not closing accounts due to inactivity. Some years ago, I woke up
       | with an inactive G2A account telling me that I have to pay a fee
       | for inactivity. NO! I don't have to pay anything, purge it!
        
         | akersten wrote:
         | > Everything that is linked to your email address should be
         | purged after 3-12 months of inactivity, including
         | 
         | That is such a horrible idea, I go on vacations longer than
         | that. My Dropbox should be deleted if I don't log in for 4
         | months?
        
           | johnnycerberus wrote:
           | Do you have a paid account or a free account? If I store my
           | documents on a free account for a one time send to the
           | university application and then I forget about it, then
           | Dropbox should purge it after a time to protect my data, as I
           | don't have any "contract" with them like a subscription or
           | something. The same for G2A, I have bought from them some
           | game keys at a cheap price sometime ago and then I totally
           | forgot that I have one, I couldn't even find the activation
           | mail in my inbox, lol. One day in the summer I woke up with a
           | mail that I have to pay an inactivity fee even if I'm just a
           | row in their database and I have no contractual obligation
           | with them.
        
             | fiddlerwoaroof wrote:
             | I had a family member go through a major life event that
             | left his OneDrive account unused for about a year. When we
             | needed to access tax documents on it, Microsoft had deleted
             | it. I'm strongly against non-user initiated account
             | deletion.
        
             | ivan_gammel wrote:
             | In fact you have the contract with the services where you
             | sign up. Even if you did not read T&Cs, you have accepted
             | them and only then your relationship with the service
             | started _on their terms_. You are not just a row in the
             | database, you are a customer getting service in _exchange
             | for something_. You have at least opted in to their data
             | retention policy, and you have to opt out explicitly. If
             | services will be required to purge the customer data after
             | period of inactivity by default, chances are high that free
             | accounts will simply cease to exist. In any case, quite
             | significant share of customers would prefer to opt out from
             | purge and they will be important enough from commercial
             | perspective to make this opt out default in T &Cs
             | acceptance process.
        
         | luckylion wrote:
         | If so, please make it opt-in. Let users set the auto-delete
         | date themselves, because I don't want to have to make sure that
         | I log in every other week to keep my account alive.
        
           | bbarnett wrote:
           | This could work, along with a default setting, and if the
           | config was easy to find.
           | 
           | Or not purposefully obscured.
        
         | peakaboo wrote:
         | Why does it amaze you that companies want to keep user data
         | when we know it's extreamly valuable?
        
           | nine_k wrote:
           | What is _extremely_ valuable about data on an account which
           | is dormant for years?
        
             | usrusr wrote:
             | You can fake relevance if you want to sell the company
             | without actually lying. Coincidentally there's a certain
             | class of company that is in a permanent state of being sold
             | and whose communication is under particular scrutiny wrt
             | truthfulness. Seen from any other angle I fully agree,
             | random user data value tends to be greatly overestimated.
        
             | notimetorelax wrote:
             | We'll this is not what the OP is proposing. Data removal
             | after 3 months or a year seems too fast. I game on steam
             | once every two years - do I have to buy all my games each
             | time?
        
               | pomian wrote:
               | you are not alone ! (sometimes longer...)
        
         | wowokay wrote:
         | I don't want to lose all my steam games just because I am
         | inactive for a time. That us a terrible idea, I purchased those
         | digital goods, that's like saying crypto markets should dump
         | data from time to time.
        
           | Schroedingersat wrote:
           | Then fight for digital purchases to be actual purchases, not
           | renting until you lose that account.
        
             | renewiltord wrote:
             | What, why would I do that? I don't want to fight for
             | something I already have. I'd rather fight against people
             | who would take it from me.
        
         | slickdork wrote:
         | Mildly related: In America, e-mails stored on a server for over
         | 180 days are considered 'abandoned' and can be viewed by law
         | enforcement without warrants. [0]
         | 
         | [0]
         | https://en.wikipedia.org/wiki/Electronic_Communications_Priv...
        
           | Matticus_Rex wrote:
           | The bill to fix this relic of a time where people stored
           | emails in noticeably-finite inboxes, the Email Privacy Act,
           | passed the House this session but got knocked out of the bill
           | in the Senate.
           | https://en.wikipedia.org/wiki/Email_Privacy_Act
        
           | goodpoint wrote:
           | How comes there are no ongoing protests? This is appalling.
        
             | largbae wrote:
             | I wonder the same thing. Civil Asset Forfeiture is at least
             | as awful and should offend everyone regardless of their
             | stance on current political hot topics. Yet it appears to
             | go on unaddressed.
        
             | CodeMage wrote:
             | People can't protest what they don't know about, and this
             | kind of thing isn't talked about at all.
        
         | pjc50 wrote:
         | This would be a disaster for a lot of people.
        
         | 323 wrote:
         | > _In my country (Romania), even barber shops that store user
         | accounts for longer periods than necessary are fined_
         | 
         | Those most be some fancy barber shops that you need online
         | accounts for.
        
           | Tijdreiziger wrote:
           | Not Romanian, but you usually need to make an appointment at
           | a barber (especially now that they can't/don't want to have
           | too many people in their shop at once, due to COVID
           | regulations). If you make the appointment online, then you
           | can usually create an account to view/rebook/cancel it later,
           | if necessary.
        
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       (page generated 2021-12-30 23:00 UTC)