The German federal government has made a renewed push for the controversial storage of IP addresses, a measure that has been debated for years. On Wednesday, the federal cabinet approved draft legislation that would require internet providers to store their customers' device addresses for three months.
Law enforcement officials would thereby receive improved tools to investigate crimes committed online, such as the distribution of child pornography, cyber fraud, or digital violence. "Perpetrators on the internet too often go unpunished - especially in cases involving child pornography," declared Federal Chancellor Friedrich Merz (CDU). He stated that this should change through the government's plans.
"The digital space must not be a paradise for criminals," explained Federal Justice Minister Stefanie Hubig (SPD). "Too many crimes - whether child abuse, online fraud, or digital violence - remain unsolved because crucial evidence like IP addresses is missing." She noted that in these cases, IP addresses are "often the only starting point for investigations."
So-called data retention has existed multiple times in Germany before. Courts have repeatedly declared it inadmissible. The federal government emphasizes that the currently planned regulation is not identical to earlier versions of data retention.
It points out that blanket storage of location and traffic data, such as information about visited websites, is not envisioned. Hubig stressed: "With this draft, we have the opportunity to bring a twenty-year debate about freedom and security on the internet to a reasonable conclusion."
IP addresses serve to uniquely identify devices such as smartphones, PCs, or tablets in data traffic. They are only assigned temporarily, and internet providers currently often store IP addresses for just a few days. Therefore, many queries by investigative authorities regarding the identity of connection holders have thus far come up empty.
Federal Interior Minister Alexander Dobrindt (CSU) also cited action against terrorism and organized crime as goals of the legal amendment. "With IP address storage, we are bringing light into the digital darkness," he told the portal Politico. This would close a dangerous gap.
The draft legislation from the Federal Ministry of Justice and the Federal Ministry of the Interior, however, also provides for additional investigative instruments. These include the so-called security order. With this measure, internet providers could be required in individual cases to store traffic data when a crime is suspected.
Through this data, it would be possible to trace who communicated with whom, when, and from where. Here too, storage should initially be limited to three months, with the possibility of a three-month extension by judicial order. Furthermore, the so-called cell tower query should be expanded for crimes of considerable significance. In such queries, investigators request data from a specific mobile phone cell from network operators in order to determine, for example, the identity of a suspect.
The Federal Court of Justice ruled in January 2024 that cell tower queries under previously applicable law are only permissible for particularly serious crimes such as murder or manslaughter. The legislative amendment is now intended to enable this measure for offenses such as commercial fraud as well.
From breaking news to thought-provoking opinion pieces, our newsletter keeps you informed & engaged.
