Germany: Why the dark web is actually protected by law

VPN networks and the dark web would be banned through a vaguely worded law: "People who use the dark web are usually the bad guys. This simple insight should also be reflected in our legal system. "Under this clumsy cliché and dubious interpretation of the law, freedom of information will be curtailed. But the fact is that the dark web is indirectly protected by law.

"This means that all users may also be punished."

"For example, Dr. Matthias Bäcker, professor of public and information law at Johannes Gutenberg University Mainz, argued in a statement that the law is generally formulated in such a way that any act that enables content to be distributed on the dark web will be punished, regardless of whether the intent behind it is legal or illegal. This means that all users who use the Tor browser and VPN connections to gain legal access to the Internet will be condemned, even if they are not tracked there by Google and other web services."

VPNs and the dark web: "not continuously tracked by Google and other web services"

The entire draft law is based on a bold argument: only criminal activity can take place in the dark web. In fact, many normal information portals can be found there as well. Almost all major media outlets also offer a website dedicated to the dark web. Background: Despite censorship measures, these sites can be accessed from anywhere in the world. It is for this reason that the ban on the dark web has a very bad taste. This is because authoritarian regimes are particularly fond of resorting to dark web bans. Listening to the so-called "enemy radio" on the radio is probably a classic.

Find your own credit card on the dark web

"Owl Threat Intelligence searches the DeepWeb and the Dark Web 24/7 for any unusual information related to your personal data, such as email addresses, credit card numbers, etc. In this way, potential credit cards can be found early. In this way, potential data breaches and misuse can be detected early. In case of emergency, you can immediately take appropriate defensive measures with the support of Owl."

Dark Web Threat Intelligence: "Spotting Data Misuse at an Early Stage"

Threat intelligence companies such as Owl also have access to the dark web. This is primarily used to prevent data misuse. While "cash" is considered to be the driver of today's criminal activity, a great deal of fraud is often committed electronically. Fake credit cards, hacked bank accounts, fake payment sites, etc. By comparison, criminal transactions conducted with cash are reduced to an almost insignificant appendage. However, the dark web itself does not play a major role in the scam; in this case, it is more often used to resell captured "data goods".

The Dark Web: Reputation is legitimate

Of course, there are a variety of trading platforms on the dark web - comparable to the legitimate portal ebay - and almost everything offers what the human mind - and sometimes even beyond the what the human brain - can imagine. But only trade - i.e., selling and buying - is punishable. Watching is (still) legal. Indeed, citizens have a guaranteed right to unimpeded access to information from freely available sources. In this case, the dark web is not much more complex than the usual Internet. Federal Constitutional Court: "Everyone has the right to …… unhindered access to information from generally available sources. "

"Everyone has the right to …… unhindered access to information from generally available sources."

>>Federal Constitutional Court<<
"In the constitutional order, freedom of information is on an equal footing with freedom of opinion and freedom of the press. It is not merely an integral part of the right to freedom of expression and communication. It is true that this right includes protection for the reception of the opinions of others; however, protection is granted to the speaker only for reasons of freedom of expression. In this respect, the recipient plays only a passive role. In contrast, freedom of information is precisely the right to be informed. On the other hand, this right to freedom is a prerequisite for the formation of opinions before they are expressed. For only comprehensive information from adequate sources can enable individuals and communities to form and express their opinions freely."

"In the constitutional order, freedom of information is on an equal footing with freedom of speech and freedom of the press."

Thus, VPN and dark web bans would directly limit the constitutional right to freedom of information. The dark web in particular is a great source of information. Crime will not go away by banning access to the dark web. Overall, it is quite doubtful that the dark web can be shut down. There are countless servers in different countries that are used for this purpose, and the German government does not even want to recognize all of them. Shutting down a few German servers would definitely not endanger the Dark Web. Nor would it actually prevent the installation of the necessary software - such as the Tor browser as a prerequisite for access.

From:On DarkNet – Dark Web News and Analysis
Copyright of the article belongs to the author, please do not reproduce without permission.

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