Yes, German Authorities Are Pushing Treason Charges Against Netzpolitik For Publishing Surveillance Plans
from the this-is-ridiculous dept
A few weeks ago, we reported that it appeared German investigators were investigating the excellent German news site Netzpolitik, which covers a lot of the same issues that we do at Techdirt, with a similar sensibility. Netzpolitik had just published stories concerning plans to expand German bulk surveillance efforts to internet users, as well as plans by the German Secret Service to expand its internet surveillance capabilities. As part of this, the site (like we do) published source documents concerning those plans. The site's editor-in-chief Markus Beckedahl, noted:Naturally, we uploaded the original documents relating to our article because there was still enough disk space and because it is part of our philosophy to enable our readers to inform themselves using the original source. Thus, they can scrutinise us and our reporting.This resulted in claims of an investigation for "treason," though some later clarified that it appeared that the investigation was into who leaked the info to Nezpolitik, and the site's staff were seen as witnesses, rather than potential defendants. Except... nope. It looks like the original fears were accurate.
Netzpolitik has received a letter from the German government telling it that Netzpolitik staffers are being investigated for treason:
If it were up to the Federal Attorney General and the President of the German Domestic Security Agency, two of our reporters would soon be in prison for at least two years. Today, we were officially informed about investigations against our Markus Beckedahl, Andre Meister and an "unknown" party. The accusation: Treason.As Netzpolitik itself notes, this is an incredible attack on the freedom of the press, and the site says it's geared up to fight. Either way, this should really call into question the priorities of the German government, looking to intimidate reporters, rather than hold an open debate about surveillance practices. Makes you wonder what else they're afraid is going to come out....
Today, we received a letter from the Federal Attorney General of Germany confirming ongoing investigations against our reporters Markus Beckedahl, Andre Meister and an "unknown" source, suspecting us of treason according to the German Penal Code:Whosoever […] allows a state secret to come to the attention of an unauthorised person or to become known to the public in order to prejudice the Federal Republic of Germany or benefit a foreign power and thereby creates a danger of serious prejudice to the external security of the Federal Republic of Germany, shall be liable to imprisonment of not less than one year.Until now, we were reported merely as witnesses in the case, but now we shall be held responsible (for treason) like our unknown source(s) – as joint principals.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: germany, journalism, markus beckedahl, surveillance, treason, whistleblowers
Companies: nezpolitik
Reader Comments
Subscribe: RSS
View by: Time | Thread
[ link to this | view in chronology ]
Backup-Link
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re:
While some state that the opposition and/or SPD have grown weaker since that time, the actual reason then was that the coalition party F.D.P. had all of their five ministers step down in protest. At that time this party which has become insignificant since then bothered a lot about liberty with regard to civil rights. They have since then (with the exception of too few iconic personalities) shifted their focus to the liberation of money and were in turn liberated from significant votes cast in their direction.
At any rate, these historic events show the importance of proportional voting system rather than winner-takes-all: with a reasonably non-uniform constitution of the government, the amount of corners the people at the helm can cut is limited.
It's not a cure-all of course: the current two-party coalition in Germany is of the one-worse-than-the-other variety concerning civil liberties.
[ link to this | view in chronology ]
Re:
I've gotta hand it to the USA. This is first rate imperialism on their part of which the old empires could only dream.
[ link to this | view in chronology ]
They are not treators, they are just NSA's cableguy.
And Angie can not say anything, because Germany is still under allied occupation forces.
[ link to this | view in chronology ]
Treason...
[ link to this | view in chronology ]
Yes! Finally!
And because the secret services are a really big target, he is doing a practice run on a safe sparring partner certain to go unscathed before he tackles the big one and calls quits on the unconstitutional and treasonous BND serfdom to the NSA.
I mean, that's the only interpretation that makes even remote sense, right?
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
Once things become organized and violent (i.e. civil war/revolution), the anti-establishment forces are clearly treasonous, regardless of the motivation.
However the press pointing out to the public the secret duplicities, repressions, and crimes of the state is not treason. It is disobedient, since the state kept it a secrect, but the lack of violence is important and vital. Instead it is a peaceful call to reform a corruption. As is the point of the article, this can't happen without a press willing and able to report.
[ link to this | view in chronology ]
Meanwhile...
US attaché Lance de Boyle said Germany's attack on the press was an obvious attempt to cash in on the Administration's tactics over the past several years. "We've made a mockery of the claims and promises we ran on, like being open and transparent, and attacking the press, attacking those who expose our underhanded dealing is a crucial part of that process. If Germany keeps this up, we may be forced to expose Merkel and her preference for French baguettes over sauerkraut."
German spokesman Werner Schnitzel said they were reviewing the claims at this time and had no further comment, other than to reiterate the Chancellor's fondness for sauerkraut, bratwurst, and bier.
[ link to this | view in chronology ]
Re: Meanwhile...HAHAHA!!
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Time to move
[ link to this | view in chronology ]
Re: Time to move
[ link to this | view in chronology ]
investigation suspendend
[ link to this | view in chronology ]
Re: investigation suspendend
It would seem difficult to prove they did it "in order to prejudice the Federal Republic of Germany or benefit a foreign power" anyway.
[ link to this | view in chronology ]
Re: investigation suspendend
Anyway... the whole suspended thing only means as Beckedahl puts it, their houses won't be searched in the next few days but everything beyond that is unclear.
https://netzpolitik.org/2015/moegliche-nebelkerze-generalbundesanwalt-laesst-ermittlungen-ruhen/
[ link to this | view in chronology ]
Re: Re: investigation suspendend
[ link to this | view in chronology ]
Re: Re: Re: investigation suspendend
[ link to this | view in chronology ]
Getting a conviction is another story. Like the article states the actions of the government may be more for intimidation rather than actually prosecuting.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re: Re: Re:
[ link to this | view in chronology ]
Re: Re:
There is no death penalty in Germany, so Snowden is not really in any manner better off in the U.S. than he'd had been under similar circumstances in Germany.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
Also the gov grp who started the whole thing against Netzpolitik has that many undercover agents and informants in the right scene that
1. few years back the gov couldn't close a political neonazi party because most of the members were from the agency to protect the constituion or working for them.
2. most right wing attacks were financed by them. the NSU (National Social Underground) f.e. received thousands of Euro from the agency while killing people. Indirectly because they payed their guy who gave the money to the NSU but still...
They even burned files during the trial against the NSU because who could have thought people would need files during a trial, right?
Most of the Germans aren't right even the younger ones but some gov agency looks away when it comes to rightwing crimes and turns that eye to the left f.e. they were told to clean up their domestic terrorist database and when they did they had to remove about 80-90% of leftwing terrorism because as it turned out those were ppl who just took part in a demonstration and did nothing else.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Funny thing
With the treason charge against NP they (NP) can be monitored for months if not years. Every phone call, website the open or anything they do on the net is allowed to be recored by the Gov. A source wants to leak further information to them? Too bad, they can't because if they do they will be caught.
Taken from Markus Kompa's piece:
http://www.heise.de/tp/news/A-Most-Wanted-Man-oder-doch-nicht-2766909.html
[ link to this | view in chronology ]
Re: Funny thing
You worry about the UK and their 1984ish state? Just watch the next 10 years. In 100 years our grand children will ask "Why didnt they act?" and their history teacher will say "Because they didn't know better."
[ link to this | view in chronology ]
Re: Re: Funny thing
In 100 years our grand children will ask "How high should I jump?". What we are risking with our lethargy is not as much them being ashamed of us but rather us being ashamed of them.
[ link to this | view in chronology ]