No to client-side scanning

There can be no question that client-side scanning as proposed by the European Commission has no place in a state governed by the rule of law. We are not alone in this view. More and more states have recently joined us, and even the European Parliament has now adopted our position. That is an outstanding success! Private communication must remain private. And that is why we are also working on stricter rules for source telecommunication surveillance and covert remote search of information technology systems in the Code of Criminal Procedure.

The rules on data retention without specific cause in Germany are contrary to European law. We are now introducing the possibility of issuing data preservation orders for traffic data based on specific grounds (“quick-freeze” procedure). This will provide investigating authorities with a new instrument that does not violate fundamental rights. The investigation of crime requires an instrument that avoids placing all citizens under general suspicion or storing communication data without specific cause.

Our key points for an act against digital violence are intended to make it easier for persons whose rights have been violated online to enforce those rights – and prevent further violations. Under our proposals, providers will not be required to store any additional data. However, courts will be able to demand that data relating to a potential violation is not deleted if an injured party requests information about a particular statement. This will give the court time to carefully examine the request for information. In addition, we want to allow temporary blocking of accounts in the case of repeat offenders. This requires a dedicated point of contact. Accordingly, social networks will be required to appoint national representatives authorised to accept service. It is important to us that citizens’ rights are as valid in the digital realm as they are in the real world. We are repealing the Network Enforcement Act, which has been replaced by the Digital Services Act.

We recently unveiled a series of key points for revisions to the Criminal Code. We have systematically reviewed the criminal offences defined in the Criminal Code to determine which ones are no longer appropriate and need to be deleted or modified.

We have reformed sentencing rules. Anyone who inflicts gender-based violence on women, or commits criminal offences that are directed against a person's sexual orientation or gender identity, can now be punished more severely. At the same time, we have modernised the rules on default imprisonment in lieu of payment of a fine. In future, one daily rate of a fine imposed will be equivalent to half a day's default imprisonment. We want to prioritise the resocialisation of offenders. We are also strengthening the role of proactive social services and placing a greater focus on community service as an alternative to default imprisonment. This achievement follows ten prior attempts to reform sentencing rules in recent years.

We recently unveiled our proposals for a reform of section 184b of the Criminal Code to the public. Distribution of child pornography is a horrific crime that must be severely punished. However, as judicial practice has shown, the introduction of longer sentences in 2021 went too far. For example, at present a mother who discovers child pornography in a class chat group and forwards it to other parents to warn them about the images must be punished with a prison sentence of at least one year. In other words, the current legislation can result in punishment of people who were in fact seeking to prevent the distribution of child pornography. We will change this, as unanimously called for by prosecutors, judges and experts alike.