Chaos Computer Club sues spies for civil rights violations

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I’m embarrassed to say I’d never heard of the CCC until now. They’re pretty wild (in a good way…): Wikipedia entry here.

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I love that they are doing this!

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This is great news. It seemed likely that someone would do something along those lines sooner or later, but it’s great that they did it.

Of course nobody expects the government to go to prison over this. However, compared to e.g. the US, Germany has very limited prosecutorial discretion. The Attorney General will have to answer for investigations that won’t happen and charges that won’t be brought. Yes, up to a point they can shut the whole investigation down in the name of national interest, but they would have to do so openly and on the record.

And they have to do all this in a way that won’t expose them to a complaint to the Constitutional Court. Compared to the US Supreme Court that court is much less reluctant to get its hands dirty in political matters. That could fun to watch.

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Expect the BRD to reply, “Ihre Papiere, bitte.”

Correction: They didn’t file a lawsuit (German: Anklage), they filed a criminal complaint (Strafanzeige). It even says so in the part you quoted. It’s admittedly confusing; I have found both words translated to ‘criminal charge’.

I’m not qualified to fully explain the difference. Basically, they only asked the Federal Prosecutor General to investigate, which might lead to a lawsuit.

All it does is that it forces the Bundesanwaltschaft to state publicly that its superior department of government won’t let it investigate the matter.

Both have stated before that there is nothing to investigate and everything the agencies are doing is in compliance with the law. The trick is not to tell which law or contract.

But forcing the attorney general to shame himself should be a good thing in this case. It’s good to have a government “teach” the sovereign about national interest now and then.

The name of the German Chancellor is Merkel, not Merke.

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