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Thursday, 09 February 2012 16:50
Cell phone locator : against Bundestag adopts law Print E-mail

The Bundestag has adopted on Thursday evening yesterday with the votes of the grand coalition a new amendment to the Telecommunications Act (TKG) was adopted. The FDP voted against the project, Left and the Greens abstained. The bill is based on the Regierungsvorstößen of setting limits on the use of 0180er numbers from the mobile network and to curb the secret location of mobile users. The deputies took but according to a recommendation of the lead Economic Committee extensive corrections to the templates before the Federal Cabinet.

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Newly introduced, the Parliament has a tiered process for sending a call request to mobile operators. With the so-called "Incognito SMS" is a service provider, it will be possible, a mobile subscriber who is not in a public phone book is registered on an individual call another user wishes to teach. It must first be determined whether the person is clearly identifiable and that service has not been contradicted. If so, notify the provider of the search party that the communication request by text message with. The number of the requestor is not transferred, but his name. A call may be looking at the mobile subscriber from the service running, if this is in the transmission of a telephone conversation desire has expressly consented.

The ability to detect mobile phones through the transmission of the highly sensitive location data is also complex regulated. The aim of the Bundestag of the risk of misuse of tracking services, as well as so-called friends search services like Google Friends Connect on Location Based Services counter. The required consent to the determination of the location of a mobile terminal for the purpose of transmission to other subscribers or third parties who are not of the service provider, must be "explicitly, specifically and in writing" are. An SMS confirmation is no longer sufficient. Nor should the consent form, in general terms and conditions included.

In cases where the location of a mobile phone to other subscribers or third parties outside of the service is transmitted, has to take more than five participants for determination of the location of the number of site observations were made with a text message to inform. In order to prevent a husband about his wife on her mobile phone gift ignorant repeatedly locates.

Not least, the revised draft contains a provision requiring the provider of publicly available telephone conciliation services for deaf and hearing impaired end-users are required to facilitate access to publicly available telephone services ensure. The costs not covered by user fees to be paid are covered, the companies have to bear, which needs no mediation service.

Another objective of the project is to provide consumers with better before "untergeschobenen" contracts in the pre (pre) to protect it. The consent of the user must be in text form, eg via e-mail, SMS or a postcard made. The aim of the participants pointed out that he led a transformation.

The opposition criticized the project partly sharp. So said Hans-Joachim Otto of the FDP in the protocol to speeches given by a "patchwork of individual measures with no clear objective or regulatory policy." Some screws were "deliberately in the wrong direction." The Liberals deplored that the coalition of the desire of his group had rejected the moratorium for the sanctioning of violations of the requirements on data retention for one year. The Greens, the initiative does not go far enough. Martina Krogmann said however for the Union: "This law shows that we have consumer protection and innovation have combined so that they are mutually supportive."
 
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