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Storage of IP-addresses against sexual and pornographic exploitation of children in Germany!
The committee for Family Affairs, Senior Citizens, Women and Youth met for a public meeting on Wednesday, June 21st 2023. On the panels agenda was an expert dicussion on the topic of "Evaluation of programs for child protection as well as the EU-regulation and storage of IP-addresses as stated in the EuGH-ruling with a view to legal aspects of child protection". (June 21st 2023) https://www.bundestag.de/dokumente/textarchiv/2023/kw25-pa-familie-41-sitzung-952386 *please click and watch the public meeting.
It is to be mentioned that all numbers taken by the police crime statistics (PKS) only show the brightfield, the cases reported and handed over to the responsible public prosecutors
It is generally agreed that the number of unreported cases in the area of so-called child sexual abuse is many times higher than the number of reported cases. It is very difficult to get to the core pedophile or other groups of perpetrators, especially since the perpetrators often come from the closest family circle of the children concerned and are well networked among themselves. Depictions of abuse are documentations, sometimes of the most serious, sexually motivated violent crimes against children. Most tips about corresponding illegal user activities are voluntarily reported by the National Center for Missing & Exploited Children (NCMEC) to the German Federal Criminal Police Office (BKA).
In 2013, this amounted to 3,300 entries, in 2016 already 33,000 entries, in 2022 136,000 entries of which 90,000 were relevant for criminal prosecution and were processed in 80,000 different procedures. It is expected that in 2023 there will be 210,000 inputs. (Source, presentation of the Vice President BKA https://www.bundestag.de/dokumente/textarchiv/2023/kw25-pa-familie-41-sitzung-952386) A dramatic number, especially if you imagine that in every single case at least one child is affected. Current IP address retention is up to 7 days at Deutsche Telekom AG, Vodafone & Telefonica up to 7 days, at 1&1 up to 7 days in the future, and 0 days at Freenet. (Source, presentation of the Vice President BKA,). So if a tip is received about an unknown perpetrator, the first investigative approach is the IP address (in the best case even the corresponding port) *Note: The IP address would be figuratively speaking the house and the port the apartment. Now the query of the IP address should be requested from the provider (TKDA). This way, at least the identification of the connection used by the perpetrator can be done. Who really uses this connection at the end of the day or who has used it in the past must also be determined in the following. The aim is therefore to identify the perpetrator with IP address [incl. time stamp] for further measures.
But what does this mean for the area of distribution, acquisition, possession and production of child pornography § 184b StGB?
In the presentation of the Federal Criminal Police Office (BKA), it becomes clear that the longer the responsible investigating authority has access to the IP addresses (IP address retention), the more successful the investigation can be in terms of percentage and the number of remaining cases can be minimized. For example, IP address retention for 14 days is currently being discussed in Germany. This would mean that the investigation rate for the offense of distribution, acquisition, possession and production of child pornography § 184b StGB would improve to 84.5%, with *only 10,250 remaining investigation cases. But why only 14 days, if with a storage period of 26 days the investigation success is already over 90% with *only 6,494 remaining investigation cases. (Source, presentation BKA, committee meeting, see link above). As head of the NGO Nein, lass das! e. V. I therefore demand an IP address storage of 28 days. 1. This is the only way to ensure that perpetrators can no longer feel safe in the anonymity of the Internet.
2. This is the only way to ensure that perpetrators and groups of perpetrators are prosecuted, identified and held accountable for their deeply despicable crimes. 3. This is the only way to ensure that the children affected can be freed from this unspeakable ordeal and brought to safety. Politicians must finally take responsibility. There is no more time for unobjective discussions. For years, Holger Münch, President of the Federal Criminal Police Office, has been calling for an extension of IP address storage, because in Germany only about every 10th tip can be investigated. (Source BKA, Press statement Holger Münch 2019, file:///C:/Users/Lenovo/Downloads/pm200511_PK_Kinderhilfe.pdf) Even the former Federal Minister of Justice Klaus Kinkel (FDP) complained as early as 1992, when he had the consumption of so-called abuse depictions criminalized, that perpetrators feel safe in the anonymity of the Internet. (Source WDR, interview Klaus Kinkel: https://www1.wdr.de/stichtag/stichtag-strafverschaerfung-kinderpornografie-100.html). What has the political sphere done since then to change that? The answer is as straightforward as the measures themselves: Nothing! There is a lack of stringency in the political arena in this regard and a uniform clear commitment: to want to protect children from sexual and pornographic exploitation in the future. Action must be taken now! That is why this petition exists. That is why we need you! Please support this petition, please sign this petition. Thank you.
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