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+title: Clause 202c of German penal code endangers German IT industry
+date: 2008-07-21 00:00:00 
+updated: 2009-04-18 19:12:41 
+author: frankro
+tags: update, pressemitteilung
+
+In a substantial report to the Bundesverfassungsgericht (BVerfG,
+German constitutional court) the Chaos Computer Club (CCC) has studied
+the impacts of the so-called "Hacker Paragraph", a change to the penal
+code. The CCC comes to the conclusion, that clause 202c is unsuitable
+and even runs contrary to the legislator's intended goal.
+
+<!-- TEASER_END -->
+
+The programming, making available, distributing or aquisition of
+so-called hacker-tools, necessary for the daily work of network
+administrators and security experts, is sanctioned by clause 202c StGB
+(German penal code). Due to a constitutional complaint against the new
+clause, the BVerfG is looking into the question, whether it is generally
+possible to distinguish so-called hacker-tools from allegedly harmless
+software. The CCC also studied, the likely consequences this new law
+will have and whether the use of potentially harmful software is
+necessary for the revision of the security of computer systems.
+
+In the opinion of the CCC, the new fundamental right to the
+confidentiality and integrity of IT-Systems implies that everybody must
+be able to test their computer systems for security issues. Therefore
+the possession, testing, public information sharing and further
+developing of so-called hacker-tools is mandatory.
+
+The risk of legal proceedings against those, who find or research
+security vulnerabilities has been intensified through the enactment of
+clause 202c. It has already been observed that the voluntary publication
+of detected security problems is clearly decreasing in Germany. The
+clause's criminalization of dealing with malware therefore leads to a
+worse situation for IT security in Germany. Security researchers and
+companies are unable to perform their services anymore without taking up
+the risk of criminal prosecution.
+
+The impact of clause 202c are described in detail by the report. Media
+in the field of IT security, for instance, has already begun to limit
+its coverage since the clause has come into effect. Professional and
+private security researchers are planning to emigrate from Germany and
+research and teaching also has strongly restricted itself. Many fears,
+already expressed by experts from the fields of computer science and
+practice during the hearings in the Bundestag, have already come true.
+
+"The fact, that the observable effects of the change to the penal code
+are occuring exactly as predicted by the experts, surprises no one. In
+the long term Germany will become a target for criminals and a gateway
+for industrial espionage, as the computer networks can't be effectively
+defended anymore", Frank Rieger, speaker of the CCC, comments. "The
+industry, as well as normal computer users, are denied the possibility
+of testing computers for security vulnerabilities."
+
+Overall the CCC study makes clear, that the legislator's goal of
+achieving an improvement of the IT security situation by limiting the
+access to malware and attack tools was missed. The criminalization of
+software producers and users will lower the standard of security in
+Germany. Simultaneously it causes disadvantages for German computer
+science research and industry.
+
+"The change of law brings no advantages but some severe risks. It likely
+violates the constitutional rights of many, as it restricts their
+freedom to carry out their professional duties as well as restricting
+the freedoms of researchers and press significantly. In order to not
+jeopardize the German IT industry, clause 202c must be abolished as soon
+as possible", Rieger claims.
+
+### Links
+
+-   \[1\] [CCC's report on the occasion of the constitutional complaint
+    against clause 202c StGB: Current and future effects of the change
+    of penal law on computer security, (in
+    German)](/202c/202cStellungnahme.pdf)
+-   \[2\] [Fundamental right to the confidentiality and integrity of it
+    systems, decision of Feb. 27th, 2008 (in
+    German)](http://www.bundesverfassungsgericht.de/entscheidungen/rs20080227_1bvr037007.html)
+-   \[3\] [Prohibition of computer security tools opens the floodgates
+    for the federal trojan (German
+    statement)](/updates/2007/paragraph-202c)
+
+Media contact:
+
+-   presse\@ccc.de (preferred)
+-   0700-CHAOSFON (0700 - 24267366)