In a massive blow to the record and film industries, the German Constitutional Court has decided that the state may not engage in "surreptitious surveillance of information technology systems".

In a massive blow to the record and film industries, the German Constitutional Court has decided that the state may not engage in "surreptitious surveillance of information technology systems".

The case was decided on the basis of a new human right in the confidentiality and integrity of information technology systems. The court emphasises that this right, which applies where other fundamental rights affecting privacy are inapplicable, is derived from the fundamental rights in personal dignity and personality rights under the constitution. The right can only be restricted where significant higher ranking fundamental values need be protected, such as the life and integrity of others. This means the state could intervene to fight terrorism if permitted by a judge - but cannot intervene to fight copyright theft.

In particular, the decision will prevent copyright owners tracing the use of works (illegally) swapped or downloaded online as it appears that downloaders will be able to invoke the right of privacy against copyright owners who will be hard pushed to convince a court that the protection of copyright is a fundamental value.

http://ipkitten.blogspot.com/2008/02/stop-das-press-no-more-surreptitious.html