Interior ministers want data retention and tougher action against cyberbullying

The Conference of Interior Ministers (IMK) is putting further pressure on the federal government to monitor internet users without cause. "Data retention of IP addresses must finally be introduced," emphasized Brandenburg's Interior Minister Michael Stübgen (CDU) at the end of the meeting of federal and state interior ministers in Potsdam on Friday. "We owe this to the victims of terror, sexual abuse and other forms of hatred and violence." The chairman also indicated that access to Internet identifiers and port numbers stored without suspicion should be possible for a whole range of criminal offenses. So far, Stübgen has justified the appeal primarily with the fact that "we are not exhausting our possibilities to protect children from such terrible crimes".

The IMK considers "the quick freeze procedure for telecommunication data to be inadequate", Stübgen now explained. He explained metaphorically: "Because where there is nothing in the freezer, nothing can be frozen." Back in April, the Christian Democrat emphasized on behalf of his colleagues: "The European Court of Justice also considers data retention to be necessary to determine the identity of a perpetrator who has acquired, distributed, shared or made available child pornography on the internet."

In principle, the European Court of Justice (ECJ) has repeatedly rejected data retention without cause. However, according to recent rulings by the Luxembourg judges, the general and indiscriminate retention of IP addresses may be permissible "for the protection of national security, the fight against serious crime and the prevention of serious threats to public security for a period limited to what is strictly necessary".

Federal Minister of Justice Marco Buschmann (FDP) presented a proposal for the freezing of traffic data in cases of suspicion over a year and a half ago. According to other Liberals, this quick freeze is also "legally sound, targeted and protects fundamental rights". Meanwhile, Federal Minister of the Interior Nancy Faeser (SPD) is fighting for the storage of IP addresses and port numbers without cause and has been blocking Buschmann's draft for a long time. She has received support from the ranks of the Social Democrats.

Separate criminal offense for cyberbullying

The IMK has also spoken out in favor of a separate criminal offence for cyberbullying. The Conference of Justice Ministers, which is actually responsible, is to examine whether such a step is necessary or whether existing criminal provisions need to be adapted. Bullying in virtual space, for example through insults, threats or exposure on social media, "is a growing phenomenon that has been underestimated to date", said Stübgen, explaining the reasons for this initiative. It leads to "serious consequences for the victims in many areas of life". In the digital space, insults are sometimes perceived by hundreds of people. According to a recent study by the World Health Organization (WHO), one in six schoolchildren is a victim of cyberbullying.

In 2021, the Bundestag passed a bill to amend the German Criminal Code (StGB) to enable a more effective fight against stalking and to better record online stalking. In addition to the unauthorized spying of data, it also covers the interception of information. Particularly intensive and prolonged stalking must be prosecuted by the state. Such particularly serious cases, which also include the use of "stalkerware", are punishable by up to five years in prison. Publishing intimate photos of former relationship partners is also punishable.

In 2022, the EU Commission proposed making cyberstalking and cyberbullying, the non-consensual sharing of intimate images and incitement to hatred or violence on the internet punishable throughout the EU. It has proposed "minimum maximum penalties" of up to two years in prison.

Electronic ankle bracelets for perpetrators of violence

The interior ministers also want victims of domestic violence to be better protected and perpetrators to be deterred. There should therefore be a "nationwide legal regulation" on the use of electronic ankle bracelets. The instrument is intended to sound the alarm if the wearer, as a convicted perpetrator of violence, disregards a ban on contact or proximity. This measure is controversial because it is not ordered by the courts, but by the police forces of the federal states themselves. However, the regulations vary from state to state. Federal Interior Minister Nancy Faeser (SPD) emphasized that it was also a matter of protecting women with mandatory anti-violence training for perpetrators.

(nie)