2002 - Declaration for freedom of information in the internet

Texto

On February 8th 2002, the "Bezirksregierung Düsseldorf" (the district government of Düsseldorf county, Northrhine-Westfalia in Germany) passed orders to more than 80 provider of internet-access ("access provider"): they should "block" the access from their users to some foreign websites. In this particular case, the "Bezirksregierung" refers to its competence as the disctrict government administration responsible for legal protection of children and the youth and "punishment of infringements of law" regarding to the so-called "Mediendienstestaatsvertrag" (interstate agreement on media services).

Although that particular authority is responsible for media-services like video-text and not for tele-communication services, the provider have been demanded to block their customers' access to two right-wing extremists' web-sites being hosted in the USA. That does not mean blocked access only, but blocked communication of any kind with the people behind it as well - e-mails etc. shall be made impossible.

At the moment, a pilot-project of a filter-system is being tested, which will be used to block the access to questionable web-sites. Those websites offer - according to German law - illegal content such as nazi-propaganda and are proved to endanger children and the youth. But: the blocking measurement also includes access to any web-site complying with these premises, no matter where it is hosted.

So far it is not known who shall be entitled to edit the "Black List", which is neccessary for this method. It is also not known if this "Black List" will be subject to any control according to the federal republican law.

Societal Backstep

We condemn the action of the "Bezirksregierung Düsseldorf" and their further plans in the strongest possible terms because of the following reasons:

1.Filter-systems implanted by a provider are inadequate and unreasonable

Article 5 of the German Constitution states: Any citizen has the right to freely inform himself of generally accessible sources without any limitations. This freedom of information is the undisputable backbone of an informed democracy being able and aware to defend itself. Filter-systems are used to make sources of information unaccessible for citizens. Measurements of that kind remind us strongly of those used by totalitarian states and the so called "Feindsenderverbot" (the receive of hostile broadcoast which was forbidden in World War II and the GDR). They are inadequate for the Federal Republic of Germany.

We are shocked that this limitation of the freedom of information shall also be aimed at science and research. It is planned that only universities are able to escape from this limitation by special authorizations – regulations that are similar to theses practised in the former GDR (the socialist east germany). People working for the media or journalists would also be affected – they are no longer able to receive unlimited information, as these are still existing but no longer available.

Any limitation of our fundamental right of freedom of information is - as far as we are concerned - a backstep of society. Freedom of information counts more than a possible danger, which is caused by the questionable sites in the internet.

2.Fighting the sources instead of fighting infrastructure!

The internet is a medium of communication. In legal terms it should rather be compared to telephone or mail than to broadcoast or television. Any intrusion in confidental conversation by the administration offends basic conditions and our understanding of the internet. Additionally, filter systems will only be a measurement of intrusion in the neutral technical infrastructure of communication itself; filtering content does not have any effect in fighting the sources.

3.Blocking sites does miss the target group

Although the measures used today can simply be bypassed with basic knowledge in data processing, they - and any further measures - do seriously intervene our fundamental rights. Therefore, blocking web-sites will miss the effect on the target group and - worst case scenario - will result in a mystification and glorification of forbidden content. Filter systems are contraproductive: Striving for unrequired content in the internet being only made unaccessible means actionism without looking any further - striving for this measure does mean to escape from the real challenge: The real challenge would be to do something against the causes on a societal base.

We demand excluding filter systems used by any provider as a measurement to fight illegal und unrequested content in the internet. We demand finding political ways to solve the problem instead and that you will take assertive action against the originator of this content. Do let us have a very close look at the problem instead of making the problem invisible to us!

Enlaces

URL: http://odem.org/informationsfreiheit/en/

Wayback Machine: https://web.archive.org/web/20190606150859/http://odem.org/informationsfreiheit/en/