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The explanation is deceptively unclear, IMO. What's being authorized is court-ordered searches of a type that were previously prohibited, even for courts to authorize, by strict privacy laws. The US has always had the power to conduct these searches [0]; the "inviolability of the home" human dignity concept doesn't exist in the US. (I'll defer to German people to explain this concept).

As explained in heise.de[1] (in German) about a parallel law being enacted in the state of Mecklenburg-Vorpommern,

> "For the online search, the deputies now also grant the law enforcement the right to secretly enter and search apartments with judicial permission."

[0] e.g. https://www.npr.org/2011/08/02/138916011/home-visits-and-oth... ("Home Visits And Other 'Secrets Of The FBI'")

[1] https://www.heise.de/news/Mecklenburg-Vorpommern-Durchsuchun...

> the "inviolability of the home" human dignity concept doesn't exist in the US.

Maybe not under that term, but for example, almost the only place an American's 4th Amendment protections against search and seizure apply is in their home. Law enforcement can search their garbage at the curb, monitor their [edit: public] movements via camera and license plate monitoring, etc., look them up online, all without warrants [*]. They can't do that in someone's home.

[*] I'm pretty sure no warrant is required to search curbside trash or do most online research.

The distinction here is whether police can secretly enter a home to plant bugs, &c. In the US, this is routine; in Germany, this is (was?) taboo.

(FYI, you can escape * as \* to get it to display as *).

I think the "inviolability" thing is useful just to understand what's actually happening here, but it's also important to understand that the US and Germany have very different criminal justice, search, and evidentiary systems. Germany doesn't have an exclusionary rule for evidence, for instance.
The boundaries of your "home" varies by State. For example, in some States the interior of your car is part of your home even when not at home, which occasionally has entertaining implications.
This article is not about warrantless searches of homes, though. In America, courts can and do order the police to secretly enter a domicile and install surveillance devices.
It also appears this Herman law allows “no knock” search warrants, which in the US are generally considered more serious and more restricted.
The trash search thing varies by state at least.
It's so frustrating that every other comment in this thread is people giving their pet opinion about the headline and what it means about the state of the world / the inherent authoritarianism of Germany / whatever, and nobody else is commenting on the contents.

The controversial measures the article lists are things like:

> Police may now install state-developed spyware, known as trojans, on personal devices to intercept messages before or after encryption. If the software cannot be deployed remotely, the law authorizes officers to secretly enter a person’s home to gain access.

> The revised law also changes how police use body cameras. Paragraph 24c permits activation of bodycams inside private homes when officers believe there is a risk to life or limb.

Those seem like... pretty reasonable things for the police to do, presuming it has a warrant? And if the law authorizes doing these things without warrants, maybe the article should have lead with that?

Ctrl+F-ing "warrant" in the article doesn't give me any result, which makes me feel this article isn't very serious.

Sounds like horrible overreach to me, even if such activities are legal in America (when did American police become the gold standard that Europe needs to emulate???!!)

Seriously, searching your home with a warrant is one thing. Doing it secretly without the homeowner knowing about it afterwards is some Stasi shit. Are they going to steal your dirty underwear too? And installing malware on the computers of people merely suspected of a crime is even more insane.

Police get a warrant in Germany by literally phone calling a judge in 5 minutes, there is nothing special about it.
Spit balling now ... I just feel like the years have rolled on by so quickly now, that we've aged out of all of the lessons we had to learn before. And now we're going to have to learn them all over again.
There is an alternative explaination that you will not like.

Maybe we were removing the proverbal fences all the time and are about to learn the hard way to put them back.

That explanation would only hold water if we were dealing right now with all kinds of problems stemming from lack of authoritarianism and too much freedom. I'm not really seeing it but maybe you have something in mind.
we ought to stop these decadent crooks from plunging us into fascism and war just to rescue their waning privilege (again), but somehow i don't think we will. so, yeah, lessons to be relearned ahead.
Classical liberalism is a rare blip of an exception in the history of civilization. As Milton Friedman says, and I paraphrase, it's quite remarkable it happened in the first place, but there's no real guarantee those conditions might ever arise again and no real expectation that it's realistic to think it will be recreated again in any particular desired timespan.
So is most technology, widespread literacy, health, freedom, etc. In fact, everything since we were nomadic hunter-gatherers is a blip - should we go back to that? The argument makes no sense; what force is compelling us to go back to hunting and gathering? It's absurd to raise this argument for inevitability, rather than do something about it - which has worked overwhelmingly for generations.
What is it about German culture that makes authoritarianism so popular?
Calling it "German authoritarianism" risks thinking it's a localized phenomenon or special case. But it seems more like a regression to the global mean. Most of these expansions are things that have been on the front page of HN, but in reference to the US: cell tower queries, facial recognition, license plate harvesting, long detention periods without being charged, etc.
>Calling it "German authoritarianism" risks thinking it's a localized phenomenon or special case.

It very much is though. Plenty of other countries in EU like France or Romania for example but probably many more, don't have even remotely as many authoritarian and invasive BS laws as Germany does.

But the worst part is that Germans have gaslit themselves to think that their authoritarian laws are there "for their own protection". They don't even realize they have a problem, until they move and live abroad and learn you can run a country without your government have so many surveillance and speech control powers over what you can do or say in public about their leaders.

Germans love rules and hate those who don’t (source: scolded by several Germans while travelling there)
Why don't you share what you did to get scolded by several Germans and I will explain to you why.
Have you ever noticed how often Germans online like to say "That's not how we do it in Germany..." "We don't do that in Germany..." "In Germany we..." ?

Germans seem to have a cultural thing going on where they think the way they do things is the most logical and correct way, and think they're doing everybody else a favor by telling them how things are meant to be done. In fairness, so do Americans. But, for instance, I never hear this shit from the French.

In my opinion its: Village life. Germany is a state of small villages/towns/cities/city-states, interconnected with fairly productive lines of communication - but it is very easy to live ones entire life in a German village and never leave.

At village scales, authoritarianism is given more credence by the individual because ones life boundaries are reduced to the immediate environment, which is not really sustainable without structured hierarchy.

Incidentally, this is also a factor in why American’s adopt authoritarianism so rapidly as well - spending 3 hours of ones life in a bubble, on the freeway, commuting, is extremely damaging to ones psyche. Road-rage and neighbor hatred abound in such circumstances.

The solution to authoritarianism is travel beyond ones bounds. The roots of totalitarian-authoritarianism grow deeply in the desire to be free of the ‘filth of others’ - once you expand your horizons to embrace that ‘filth of others’, through travel and cultural interaction, that ‘filth of others’ becomes ‘the flavor of others’ instead.

This is easily demonstrated: talk to a German who has never left their home town/talk to a German who regularly visits vastly different parts of the world. You will see the authoritarian in the former, but the libertarian in the latter.

German history and culture was always about following rules and following a strong figure of authority, whether that be someone with a toothbrush moustache or someone making diamond hands.
I wonder why so many governments have such high anxiety right now. They're all acting like the sky is falling. Don't they know what happens to most of the chickens in Chicken Little?
The sky is falling for a lot of the EU/Europe. They have massive social programs they can't afford and economies that aren't growing anymore. There is another Eurozone crisis approaching and there doesn't seem to be the political will or the acceptance by the people on what needs to happen to stop it.

Even small steps to delay it like in France lead to near open revolt.

In a nutshell, the sovereign debt crisis. If you don't realize there's a sovereign debt crisis (ongoing across years), or even more accurately, a wide variety of sovereign debt crises, or even more accurately, a wide variety of debt crises of both sovereign and private entities, well, your governments and some of the more government-adjacent private entities have bent a lot of resources into make sure that's the case and convincing that it's just peachy when they borrow money, if not outright a boon, without regard to how much they borrow or how much they've already borrowed. They may have convinced you that this is true, but they know better.

Whatever happens and however it resolves, there aren't a lot of options where they retain as much power as they have now for very long. (Even if the top people maintain control they're going to be cutting loose a lot of lower level elites because they'll have to because they won't be able to maintain their upkeep.) The wheel turns and we're in that phase where they're still in power, but have begun to feel their decline. Human psychology fears and feels loss much more keenly than gain and they both fear and feel a lot of loss of power underneath the veneer they maintain.

There is currently a war in Europe at a scale not seen since WW2. And the aggressor is currently preparing to expand it to places with less military and no fortifications.
European governments anxious yet refuse switch to wartime production...
Can't imagine why they'd be anxious.

Life is a negotiation. What the populace brings to the table is they will vote harder next time or maybe a little bit of protests, but mostly just do what they're told and carry on with their jobs and pray things get better. What the government bring is fighter jets and guns and career civil servants who have had a lifetime of training how to fuck you, the might and wishes of the rich and powerful, and lording power by taxing you then redistributing it back as benefits that then feel depended upon.

If you enter the negotiating table with a sociopath and expect them not to steamroll you when you openly show you have far worse cards, then you're not thinking clearly. Insanity is thinking you can keep bringing the same things to the negotiation table and getting different results.

Perhaps its because people are realizing a lot of economic and financial activity is kind of useless for anything besides pumping the numbers of stocks and valuations and a larger fraction of money is going towards the already wealthy while the majority are losing out. And when financial bubbles start popping and economies fall flat on their faces there is going to be a lot of angry people.

People saying eat the rich and posting guillotines and supporting socialist redistribution ideas use to be kind of edgy and fringe, but now it is gaining popular appeal again, and it makes people with wealth or political power scared.

Several reasons. For one we've broken the climate and poisoned our habitat, this will for sure cause major problems for existing power structures. We're not sure when, just that it will, eventually. There will be massive amounts of refugees and unemployment, as well as strongly argued and broadly supported demands for accountability.

For another we've definitely decided to not put effort into international law and instead run with a might-makes-right kind of ethics in international relations. One sign that this was the case was the US repeatedly perpetrating the crime of aggression in the early 2000s, another was the ethnic cleansing of Nagorno Karabakh/Artsakh in 2023, as well as ongoing genocidal and similar campaigns in e.g. Sudan, DR Congo and likely the Caribbean and/or South America in the future. Ukraine is yet another example. Currently China is probably the last major country to heavily prioritise money and trade over atrocities and tribute.

Then there's the future of technology. Software has been treading water since the seventies while at the same time promising to deliver some utopian revolution anytime now. Sometimes it's promised to war machines, like GOFAI often was, sometimes it's promised to the general public, usually it doesn't deliver outside of making either legal conflict (i.e. commerce, political participation and the like) or illegal conflict (i.e. mafia, non-parliamentary/autonomous political participation, and the like) and the state response more efficient and intense.

Some in power expect computers to replace labour on a massive scale sometime soon, in part because that's a promise that has been made. Some also expect computerised fake persons and marketing-adjacent technologies to finally make democratic ambitions impossible to realise. It's also expected that people will have to be kept in their place for other, more mundane reasons.

Climate protests, anti-genocide protests and so on show that people are still willing to put themselves in harms way for some ethical purpose and hope for a decent future. This is very scary if you're a contemporary world leader, because there is this harsh disconnect between the stories you tell yourself and others in a similar position about what you do and how you're perceived by your constituents. Basically they think they're doing their best and that's admirable, and the rest of us think they're shit and deserve to be harshly punished.

There's also the spectre of history. Once upon a time ordinary people took a lot of power for themselves, and sometimes they just murdered their leaders. Dragged them out on a town square and chopped their heads off, or shot them or beat them with bamboo until they died. When the conditions look like it might be time for revolution and you're the one holding the levers of power you get scared. The might-makes-right-states are also scary, because those that haven't made the jump already don't have a bloc that backs them up, unlike the socialist states and the capitalist ones and the third world collective did way back when.

So, we're in a hurry to figure out how to make sure local populations cannot revolt, and next up is to figure out whether there are actually any allies or whether this is a war of all against all.

After decades of a liberal and left senate, Berliners reelected CDU who bankrupted Berlin 25 years ago.
hehehe, this made me chuckle. 25 years of hard-core socialists running the show, and all of a sudden its the conservatives that ruined Berlin. that is rich. It's even funnier when considering the Länderfinanzausgleich (Equalization payments between federal states): Basically within those 25 years Berlin, under those financially savvy and responsible leftists, amassed 95 B € in payments from all other German Federal States. [0]

[0] https://de.wikipedia.org/wiki/L%C3%A4nderfinanzausgleich

The Berlin airport fiasco was absolutely on the left-wing government.
For those who don't live in Berlin. It's drowning in crime. I totally support it. I'd be against it if AfD was in power. But I agree to sacrifice some privacy for security. The current situation is unacceptable.
Fighting extremist terrorism requires tough measures. This one is a bit extra though:

> If the software cannot be deployed remotely, the law authorizes officers to secretly enter a person’s home to gain access.

Clear Das Leben der Anderen vibes. (https://en.wikipedia.org/wiki/The_Lives_of_Others)

However: As usual, the devil is in the details. How much suspicion is required, what's the process, etc. (I assume that a judge needs to sign off.)

And as always, plenty of oil runs down that slope to make it slippery. First it's terrorists, then heavy crime, then petty crime, then small things, then it's whoever the powers that be don't deem deserving of freedom. We've been down that road on Germany, but history rhymes, as the saying goes.
The big shift is that law enforcement now has to do their job, instead of trying to make tech companies do their job.

Even more important: The cost of surveillance this way is very high. It's not practical to perform massive surveillance this way, so it requires a reason for targeted surveillance.

What are you calling "extremist terrorism"?
Yes. Who decides? Can the police just decide at will? Do they need a warrant?

Secret access to plant bugs is how the FBI beat the mafia in the US in many cases in the 80s and 90s. But there were strict rules.

Totalitarism slowly advancing in Europe. Recently I read an article about leftist groups and orgs being debanked. One of them is Huseyin Dogru, a Turkish/German journalist. German government acknowledges it, but can‘t see any problem with it as they hold the opinion that private banks can do whatever they want.

You are labelled „Putin versteher“ (someone who sides with Putin) or criticise Israel (in which case you are labelled antisemitic), and once you are labelled that way, you have fallen out of grace. And can be targeted or beaten on a demonstration brutally by police forces, or, debanked.

The moment you mention Israel on this platform, you are systematically downvoted. Not only on this platform. From corp media to social networks. From BBC who dares not use the word Genocide. To HN, where you are downvoted to oblivion the moment you say Israel is a genocidal racist apartheid regime.
Yet another step towards Turnkey Totalitarianism

https://creativetimereports.org/2013/06/25/surveillance-and-...