Quick Freeze

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As Quick Freeze (, shock freezing ') or immediate backup is in the discussion of the data retention , a method referred to, with the telecommunications traffic data for the purposes of prosecution temporarily secured can be ( event data storage ).

To the subject

The term is used for the first time in a German diploma thesis from 2003. a. refers to an interview with Scott Charney, the chairman of the G-8 working group on high-tech crime from 1999, and reversed the wording “fast freeze - quick thaw” (German: “freeze quickly, quickly thaw”). Charney points out that this procedure is practiced in the USA . The expression therefore only appears in the German-language discussion, the concept has long been known in other countries. International law speaks of "immediate security" (Cybercrime Convention 2001)

Technical background

Quick Freeze is an alternative to the controversial data retention , in contrast to this, it is used for current reasons.

Telecommunications companies and Internet providers collect - u. a. for billing purposes - inventory and traffic data of your customers. Stored traffic data is deleted immediately after the connection is terminated or after a certain period of time (as required by general data protection ). If a law enforcement agency (police and public prosecutor's office) wants to access this data, it usually needs a court order. To prevent the data will be deleted in the meantime, prosecutors can use a memory array (English: preservation order ) issued where there is legal provision. This arrangement prevents the routine deletion of the data; the data is "frozen". As soon as a judicial decision is available, the use of the data is permitted, it is "thawed" again and handed over to the law enforcement authorities. This method is also known as “ quick freeze, fast thaw ”.

Legal positions

An immediate backup of traffic data is provided for in Article 16 paragraph 1 of the international convention on computer crime of 23 November 2001.

Germany

In Germany there is no express legal basis for Quick Freeze, with the exception of the special regulation of Section 16b of the  Securities Trading Act  (WpHG). However, under current law, the public prosecutor's office has the option of requesting the surrender or recording of traffic data in urgent cases even without a court order ( Section 100g StPO ). However, this only works for an ongoing crime. Once the act has been completed, the data can no longer be accessed, as in the majority of cases they have already been deleted. The owner of an IP address must be reported to the public prosecutor, police and intelligence services immediately without judicial approval ( Section 113 of the Telecommunications Act ). This is inventory data (customer name) that can only be obtained with the help of traffic data (IP address). Since the traffic data are only saved in a few exceptional cases, the determination is practically empty. In November 2010, the FDP submitted a proposal for the additional introduction of a special quick freeze process.

In some cases it is viewed as problematic that since the Federal Constitutional Court stopped data retention in March 2010, there has been no minimum storage requirement and no uniform deletion practice. Some Internet providers save the assignment of IP addresses for seven days, others for three days, but many do not. Whether such a retention of non-billing traffic data beyond the end of the connection is covered by Section 100 of the Telecommunications Act is judged differently by courts, federal data protection officers and data protection experts. In November 2010, the Federal Data Protection Commissioner proposed a minimum storage requirement of one to two weeks. However, the storage of the connection data that the provider does not need would again represent a data retention because there is no operational reason and there is also no specific reason in the person of the customer (s).

Austria

With the security  package 2018, Quick Freeze was legitimized for video surveillance in public spaces : public legal entities and private organizations with a public supply mandate (such as transport companies or train station or airport operators) must save the images for up to four weeks by order of the security authorities and are obliged to hand them over (Section 93a Duty to provide information when taking pictures in public places  SPG ).

Individual evidence

  1. ↑ Bianca Uhe, Jens Herrmann, Monitoring in the Internet Storage of personal data in reserve by Internet Service Provider , TU Berlin: Diploma thesis, 2003, online ( Memento of the original from May 17, 2006 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF, 1.4 MB, accessed on July 4, 2013), p. 154 f. @1@ 2Template: Webachiv / IABot / ig.cs.tu-berlin.de
  2. ↑ Christiane Schulzki-Haddouti, “We want to take on a leadership role for other countries too” , interview with Scott Charney. In: Telepolis, June 11, 1999, online ; English version on cryptome.org.
  3. ↑ Likewise Johann Bizer , Storage arrangement for connection data. In: Data protection and data security (DuD) 2002, p. 363: "Quick freeze - fast thraw" [sic].
  4. ↑ a b "Fundamental rights are fundamentally violated". taz of March 2, 2006
  5. ↑ Article 16, Paragraph 1, Convention on Cybercrime of the Council of Europe of 23 November 2001. (Other terms: Cybercrime Convention, Data Network Crime Convention ) ETS 185; (German text); Ratification status , both on conventions.coe.int;
    Act of approval with text of the Convention (Germany) see Federal Law Gazette II 2008, No. 30, p. 1242 ff.
  6. ↑ Key points 14 for improving the fight against crime on the Internet: Maintaining freedom and security on the Internet ( Memento of the original from November 22, 2012 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 98 kB) FDP parliamentary group, November 9, 2010 @1@ 2Template: Webachiv / IABot / www.fdp-fraktion.de
  7. ^ Judgment of the Higher Regional Court Frankfurt am Main, judgment of June 16, 2010, file number 13 U 105/07. Retrieved November 28, 2018 .
  8. ↑ Daten-Speicherung.de - minimum data, maximum privacy »7-day storage of IP addresses permitted? [added on November 15, 2010]. Retrieved November 28, 2018 .
  9. ↑ "Data retention: Schaar suggests" Quick Freeze Plus "". heise online, November 12, 2010.
  10. ↑ Federal Chancellery: Publication in the Federal Law Gazette : Security Police Act including help.gv.at » Legal Innovations , undated (2018/19).
  11. ↑ Federal Government of Austria: Explanations on 15 dB In: parlament.gv.at. February 21, 2018, accessed October 31, 2018 .