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.

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.

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....

Filed Under: germany, journalism, markus beckedahl, surveillance, treason, whistleblowers
Companies: nezpolitik

Germany's Leading Digital Rights Blog Netzpolitik.org Accused Of 'Treason' After Leaking Bulk Surveillance Plans

from the still-enough-disk-space dept

Netzpolitik.org is arguably the most influential German blog in the realm of digital rights. It played a key role in marshalling protests against ACTA three years ago. You'd think the German government would be proud of it as an example of local digital innovation, but instead, it seems to regard it as some kind of traitor:

The president of the German domestic secret service has filed criminal charges with the public prosecutor because of two of our articles. The accusation: leaking state secrets.

Those two articles concerned a leak about extending bulk surveillance of online users (original in German), and plans to create a new department of the German secret service to extend its Internet surveillance capabilities (in English.) As Netzpolitik's founder and Editor-in-chief, Markus Beckedahl, explains, he decided to publish this information because it showed that despite Edward Snowden's revelations about NSA surveillance, the German government still thinks the best way of spending taxpayers' money is by spying on them. He adds:

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.

Apparently, this suffices for a twice charge for treason because it seems to be confidential when the Federal Office for the Protection of the Constitution expands the Internet’s surveillance and keeps social networks under surveillance using the dragnet principle. This affects everybody, e.g. we could be under surveillance because we have sign up for the same Facebook event as a potential terrorist. But a public debate thereon is undesired.

This is not the first time that the German government has given Netzpolitik.org a hard time:

Already in the autumn of 2014, the German Federal Chancellery (German: Bundeskanzleramt, translator’s note) has threatened us with a charge which was also announced but later on abandoned.

Like the present case, that seems a clear attempt to intimidate reporting. As Beckedahl points out, even though the new hunt for whistleblowers is not aimed directly at the blog and its journalists, they are likely to be caught up in any investigation, probably just to act as a warning:

It is very rare that the German Federal Public Prosecutor investigates against journalistic sources. We could not find any case since 2005. Now we shall experience the full rigour of the constitutional state. The charge is not directed straight to our reporting but we are nevertheless affected. We are mentioned and have to expect to be under surveillance and possibly to be subject to a house search.

What makes this kind of bullying doubly outrageous is that there is a rather bigger story regarding the press in Germany: the fact that both the NSA and CIA spied on the news magazine Der Spiegel. And yet rather than investigate that fact, or that other newspapers seem to have been victims too, the German government is more concerned about intimidating journalists that dare to report on its own plans to spy on millions of its citizens.

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Filed Under: chilling effects, digital rights, germany, investigative reporting, surveillance, treason, whistleblowing
Companies: nezpolitik