full-disclosure - Java Anon Proxy wins legal battle against BKA

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Message-ID: <20030918072858.GA4327@p15104972.pureserver.info>
From: kris at koehntopp.de (Kristian Koehntopp)
Subject: Java Anon Proxy wins legal battle against BKA

http://www.heise.de/newsticker/data/uma-17.09.03-001/
AN.ON project wins legal dispute with german BKA
Text in german

http://www.datenschutzzentrum.de/material/themen/presse/anonip3.htm
LG Frankfurt ok's AN.ON
Text in german

On Juli, 3rd the BKA (Bundeskriminalamt, german FBI) won a
preliminary injunction against the AN.ON project which is
operating the Java Anon Proxy, forcing the AN.ON project to
backdoor their service. The Landgericht Frankfurt/Main has now
declared that injunction void due to it having "no legal base".

The BKA argued based on paragraph 100g and h of the german StPO,
where any service provider has to hand over connection data
related to major crimes. AN.ON does not produce such connection
data, which is the point of the service. AN.ON also does not
need to produce such data for financial purposes because the
service is free. Thus the preliminary injunction was illegal.

During the monitoring period a single data record was logged.
The BKA aquired this data record through what AN.ON considers
illegal means. The jury is still out on that one.

AN.ON formulated a new internal policy on how to deal with the
policy and requests for monitoring (published as
http://www.datenschutzzentrum.de/projekte/anon/policy.pdf, Text
in german)

Kristian