jojomodding
12 hours ago
So apparently some CCC-connected hackers already unmasked one of them years ago (as reported in the update, which could have also just linked to the talk here: https://media.ccc.de/v/37c3-12134-hirne_hacken_hackback_edit... )
Makes you wonder if the investigators discovered this independently, or decided to maybe ask the hackers already involved in defending against them for help...
hobofan
10 hours ago
I'm not deep into the topic, but AFAIK there generally isn't a warm connection between the CCC and the BND in Germany (in the recent years mostly due to the BNDs involvement ins spying on German citizens, but I think there is also deeper history there). If a hacker collaborates with the BND they do run a risk of many of their peers not wanting to collaborate with them anymore.
foepys
9 hours ago
It also has something to do with the so called "Hackerparagraph" [1] under which whitehat hacking is basically impossible in Germany. Even writing a program that could potentially be used for hacking is a crime. If you followed the law word for word the authors of e.g. curl could be charged under this law.
1: https://de.wikipedia.org/wiki/Vorbereiten_des_Aussp%C3%A4hen... [de]
wil421
6 hours ago
Isn’t that by design so governments can prosecute citizens they don’t like? For example, curl is probably ok but that one annoying Kim Dotcom guy is probably going to catch a case under some dubious law.
belorn
3 hours ago
The pirate bay case, one of the laws cited by the judges was an law written to target biker bars and their owners. It only takes a bit of creative work to bend laws and prior cases to match an already made conclusion, if that conclusion has enough political support.
In that way, I don't really think the government need to design laws to have loop holes in them. With enough political pressure they can get the judges to make any decision they like.
NewJazz
2 hours ago
There's a moxie marlinspike quote about this
groby_b
8 hours ago
> If you followed the law word for word the authors of e.g. curl could be charged under this law.
They really couldn't. BVerfG (Germany's constitutional court) has clearly said that dual use tools have a presumption of not being tools to break the law. It's been very clear that mens rea matters. And that a narrow reading of the law is the only constitutional reading.
The problem here is taking "word for word" as "by dictionary meaning", which is never how laws are read.
It's still a problematic law (together with §202a/b) because it doesn't clearly carve out space for grey-hat activities (white-hat attacks with authorization really don't fall under it even with creative reading).
On the upside, Germany is considering fixing that. On the downside, it moves with the speed of classic German bureaucracy and is being "discussed" since 2024.
PowerElectronix
8 hours ago
It'll nevee cease to amaze me how some countries find such creative ways to stifle innovation while they look to be caring about safety or what not.
JumpCrisscross
7 hours ago
> some countries find such creative ways to stifle innovation while they look to be caring about safety or what not
I'm not sure white-hat hacking is broadly compatible with German culture. Keep in mind that going bankrupt in Germany permanently closes off lots of avenues, from future lending to whether you can be in senior management at a public company.
dudefeliciano
5 hours ago
Bankruptcy does not usually permanently bar you from loans or holding senior management position, there are temporary restrictions, unless grossly negligent. But your point still stands I guess, when compared to the US
cookiengineer
8 minutes ago
>There (...) isn't a warm connection between the CCC and the BND in Germany
Fun fact: In the 1990s, the CCC e.V. was declared a terrorist organization by the BND. Also, a lot of members have been sued for Landesverrat (high treason) for disclosing found vulnerabilities and/or doing journalistic work.
For example, the netzpolitik guys have been sued for high treason twice.
Just as a side note on how competent the German state is to use their existing talent to work on issues in cyber security.
> If a hacker collaborates with the BND they do run a risk of many of their peers not wanting to collaborate with them anymore.
Another fun fact: There is no effective witness protection program in Germany. You have to have been attacked twice (and the offender has to be successfully prosecuted with you as a witness, that has to happen twice so we talking about 10+ years legal delay) before you can apply for the witness protection program.
And they're asking themselves why all the witnesses in high profile cases from Europol/Interpol keep disappearing ...
cineticdaffodil
7 hours ago
Well at least the german state can collaborate with russian agents in projects like wirecard and not violate any laws when threatening journalists reporting on its collaborations.
edm0nd
6 hours ago
>but AFAIK there generally isn't a warm connection between the CCC and the BND
nor should there be.
Similar to how us American hackers have a huge dislike and distrust of the FBI.
Your own law enforcement agency will lie to you, manipulate you, raid you, extort you, and imprison you over bullshit.
jojomodding
10 hours ago
Maybe the special agents watched the talk in their free time