Constitutional complaint against hackers Clause rejected.

The "hacker Clause" is defined in two years of employment with any hacker tools as a criminal. But part of basic training, when it comes to IT security. The Federal Constitutional Court rejected a claim now, on the other hand from - made it clear under what conditions there are exceptions.

 

Karlsruhe - The past two years punishability force to deal with hacking software is compatible with the Constitution. The Federal Constitutional Court rejected the appeals of a computer entrepreneur, a scientist and a computer user as inadmissible. They had brought against two paragraphs relating to the production and dissemination of tools for spying and interception of data may be punished. The plaintiffs were supported by the wording of the standards under threat because they are - albeit without a criminal intent - with hacker programs around.

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Second Senate of the Federal Constitutional Court: The rejection of the application against the hackers Clauses but creates clarity and safety for IT professionals

The Karlsruhe judges on the other hand, saw the fundamental rights are not affected. She said the rules but only for programs that use illegal intent have been developed. The suitability of a program to use for a hacker attack do not yet use his offense, says the decision published on Friday. (Az: 2 BvR 2233/07, 1151/08 and 1524/08 - Decision of 18 May 2009)

The popular hacker paragraphs above paragraphs 202a and 202b Penal Code by which a Council of Europe Convention on the fight against cybercrime has been implemented was to devise certain preparatory acts for criminal hackers may be punished and are therefore relatively broad.

Now clear: The end justifies the means

In a detailed decision, a Chamber of the Second Senate, however, clear that, the Bundestag so explicitly wanted to capture only software required for a criminal purpose have been obtained. So-called "dual use" products that are in the service of computer security are used, but it is also suitable for hackers, according to court are not covered because they are a lawful purpose. At the least, but lacked any of those programs should be allowed to use activities, the need for a criminal intent.

Prosecution was, therefore, clearly, the judge, himself a Ausspähprogramm only if it is for the purpose of committing crimes will be developed or used. These conditions were in employment or for academic use in the professional IT security not available. That the programs capable of offenses, is not sufficient. According to the law it was also allowed for testing purposes malicious programs to purchase. A risk of criminality arises only when these programs are sold or unreliable persons would be made available.

Port scanner and network monitoring tools and other programs include the basic equipment of many network admins, as well as the arsenal of criminal cracker. Even anti-virus kits, keyloggers, tools for man-in-the-middle attacks or Password Cracker are the subject of advanced IT training, especially in the field of IT security. Experts had feared a question, the hacker clause could result in the fight against computer crime behind.