At present, Germany does not yet have a separate law for criminal marketplaces in Internet like the long closed Silk Road. The Federal Ministry of Justice (BMJV) would like to do this, according to a document submitted to the Mirror is available, change it in a timely manner. In the draft law that the BMJV, headed by Justice Minister Christine Lambrecht (SPD), has drafted, a new criminal offence has been created. Specifically, persons are to be convicted who "operate a trading platform on the Internet whose purpose is to enable or promote the commission of illegal acts. The penalty is to be between five years and even ten years in commercial cases.
Similar plans were also contained in the IT Security Act 2.0, which was, however, deleted again in May 2020. Originally, the legislative initiative was already passed by the Bundesrat in March 2019.
Protection from criminals or danger for providers?
Criticism of the IT security law 2.0 was expressed by the Federal Data Protection Commissioner Ulrich Kelber, among others, because he feared that the law would not only be directed against criminals, but also Web hostwho, without her Knowledge the operators of the illegal market places Server ...at the disposal of the company, threatened. Data protectionists and civil rights activists now fear a similar situation with the new draft law, which is to be inserted as Section 127 into the German Criminal Code (StGB).
In contrast to the IT Security Act 2.0, however, the current amendment to the law only stipulates that the operation of marketplaces with a "clearly criminal orientation" is punished. Previously, the law stated that even the "offering of services to enable criminal acts" is illegal, which would endanger almost every cloud hoster. The penalty for this was in the IT Security Act 2.0 for "providers of an Internet-based service whose purpose or activity is aimed at enabling or promoting the commission of illegal acts". With up to three years in prison.
Normal providers not affected
According to the currently proposed amendment to the law, there is a threat of Provider and marketplaces "with a legal business purpose" do not impose penalties, even if their infrastructure has in rare cases been misused by criminals to commit crimes. Criminal orientation should be identified by, among other things, the presentation of the site and the sales categories offered.
According to the BMJV, the aim of the draft law is to make it easier to collect money from convicted criminals. In combination with the significantly higher prison sentences, this is intended to deter operators of illegal marketplaces and Shop less profitable.
