The German telecommunications monitoring regulation was issued on 22 January 2002 by the Federal Ministry for economics. It contains regulations, which prescribe a hearing of telecommunications in Germany and which describe technical conversion. The telecommunications monitoring regulation replaced the past communications traffic monitoring regulation

Purpose of the statutory order

With the statutory order are:

1. the measures for the monitoring of telecommunications, which are mentioned in laws (like the code of criminal procedure), to be regulated.
2. the licensing procedure and the procedure of the acceptance to be specified.
3. are determined, with which telecommunications plants the technical mechanisms demanded by the telecommunications law are not to arrange for the conversion of monitoring measures and be reproached,
4. Regulations for the exceptional cases planned in accordance with the telecommunications law to be met, in which from the fulfilment of individual technical requirements can be refrained,
5. the requirements to the net entrances after the telecommunications law to be specified, to the record devices of the entitled places be attached, as well as
6. the arrangement of annual statistics which can be provided in accordance with the telecommunications law to be specified.

This regulation applies to be offered to the operators by telecommunications plants, by means of those telecommunication service achievements for the public ("§ 3 No. 19 of the telecommunications law).

This means that in principle all operators of telecommunications plants, which offer their services to the public are obligated to the prosecution organs to the recording and forwarding of the communication data. It unimportant whether it concerns thereby language or data.

Conversion

The technology must be financed by the telecommunications offerers themselves. Before the start-up of the plants an acceptance of the monitoring equipment is to be caught up by the adjustment authority for telecommunications and post office. The period for the introduction of the technical measures by the telecommunications offerers ended on 31 December 2004.

Have beginning of 2005 the Federal Criminal Investigation Office, the Federal Office for protection of the constitution, the Customs Office, the Chief Federal Prosecutor as well as some national offices the necessary technology, in order to store and evaluate the logged data. In addition, to "„the entitled places "“simple police headquarters belong. These can ask at present with places specified before and the better equipped for legal assistance in a monitoring measure.

A monitoring order, how it is set for the telecommunications offerer (e.g. the E-Mail-Provider) of the supervised one, contains among other things:

• "„place entitled "“
• postal address
• E-Mail address which can be supervised
• Reference number
• accused facts
• Ftp servers (with entrance data) "„entitled to be transferred place "“, to that the collected data coded (alternatively to be able the data also on CD-R to be burned and unencrypted by post office sent away.)

Criticism

According to present information situation all operators are concerned, that have more than 1000 contracting parties.

Criticism at the statutory order came from the enterprises and data-security commissioners concerned. Telekom enterprises and Internet service tenderers weighted about develop-cost, which were shifted upon the operators. Data-security commissioners however criticize those according to their opinion much comprehensive monitoring going too far. Hackers criticize above all that the creation of hearing possibilities also always creates abuse possibilities.

Current practice, the telecommunications offerer in the case of monitoring not only the E-Mail address which can be supervised appears high-grade problematic to convey but also the accused facts.

Related links

• Telecommunications monitoring regulation
• Left against the
• The telecommunications monitoring regulation and technical guideline (Internet)
• Contents and change regulation after TKUEV version 4.0 from 22 February 2002
• c't: Ministry of Economic Affairs wants to increase the small wire-tapping clearly
• Explanations of the Federal Ministry for Economic Affairs also left to FAQ

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