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Hetzner server hard disks "confiscated by district court"??? - Page 4
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Hetzner server hard disks "confiscated by district court"???

124

Comments

  • @pike said:

    @Falzo said:
    if there is a court order to seize the drives, the datacenter does not have a choice. if neccessary the authorities will get the drives by force and I am very sure no datacenter around here will break a fight against them over some drives.

    http://www.cyberbunker.com/web/volunteers.php

    The founders of CyberBunker are currently building a giant secret datacenter bunker located in the beautiful forests of the Eiffel area in Germany. The facility consists of various office buildings and a large underground bunker complex.

    I guess they will fight for their customers (again).

    which then would make them liable for crimes committed by their customers. voluntarily. good luck with that.

    also ressources are not endless. cut off power and water and sooner or later they'll crawl out of their bunker anyways. no real force needed.

  • doghouchdoghouch Member
    edited October 2017

    @MasonR said:

    @doghouch said:
    @MasonR said:

    @doghouch said:
    @raindog308 Now it only we had a dark mode for LET.

    There is one using the Stylish firefox/chrome extension

    I meant on mobile :(

    Yeah :/ I'm with ya

    It sort of works with the Smart Invert on iOS, but it’s far from perfect.

  • So, site owner with any copyrighted material or porn,gamble etc etc illegal content, should avoid German DC as American DC to store data :P
    BTW, You should quite using hetzner if you or your clients have any illegal content.

  • jackbjackb Member, Host Rep
    edited October 2017

    @bdspice said:
    So, site owner with any copyrighted material or porn,gamble etc etc illegal content, should avoid German DC as American DC to store data :P
    BTW, You should quite using hetzner if you or your clients have any illegal content.

    Uh, don't host illegal content and don't allow your customers to? Problem solved.

    Thanked by 3Clouvider MasonR mikho
  • bdspicebdspice Member
    edited October 2017

    @jackb said:
    Uh, don't host illegal content and don't allow your customers to? Problem solved.

    Porn is not illegal in some country,but here you can see what others say,its illegal to germans law. what if,you from america and you have to host porn?

  • jackbjackb Member, Host Rep
    edited October 2017

    @bdspice said:

    @jackb said:
    Uh, don't host illegal content and don't allow your customers to? Problem solved.

    Porn is not illegal in some country,but here you can see what others say,its illegal to germans law. what if,you from america and you have to host porn?

    Porn isn't illegal in Germany, i think there is just an incredible amount more regulation than some other countries. Disallowing it is a choice Hetzner made in their ToS, presumably because of the additional red tape.

    I can almost guarantee that legal age, consenting adult material won't be the reason OP's drives were seized. Tor exit node is a very common reason.

    If you want an example of a country where porn is actually illegal try Indonesia or Saudi.

  • FalzoFalzo Member
    edited October 2017

    @bdspice said:

    Porn is not illegal in some country, but here you can see what others say, it's illegal to germans law. what if, you from america and you have to host porn?

    it is much much more complicated than that. (usual) porn itself is not illegal in germany.
    it becomes illegal if not only 18+ people can gain access.
    if you want to provide that kind of entertainment, you MUST make sure that only adults have access. and this verification has to happen every time something is accessed, not only on signup or via fakeable id numbers whatever.
    so practically it is close to impossible or at least very expensive to have a proper system (e.g. encrypted tv channel with smartcard) in place to hold up with those strict conditions.

    technically that might also bring every page in conflict with german law, which eventually provides easy unfiltered access to hardcore porn (to german residents).
    so, if you are from america and host porn that a german underaged can accidentically stumble across - you might be breaking german law already ...

    yet jurisdiction only can do something about if the business is run from germany or maybe somewhere with comparable laws and help from other countries or if the content is hosted on german servers. also they most likely don't do anything without someone complaining hard and loud (f.i. paytv provider)

    there is quite some history around this topic. if interested do some research about youporn and arcor (back in the days) and maybe look up who the german thylmann is and what there is to know about manwin ;-)

    Thanked by 1jackb
  • hm, never had a problem at hetzner as this kind, runing servals Blogs and gameservers there. But the whole story sounds strange for me - horax ?

    Thanked by 1WebProject
  • This also happens in copyright infringement cases.

  • NeoonNeoon Community Contributor, Veteran

    @NXGOMI said:
    hm, never had a problem at hetzner as this kind, runing servals Blogs and gameservers there. But the whole story sounds strange for me - horax ?

    Your blog is hoax, recommending buying a Minecraft Server for 266EUR (paying 3Years in advance) instead renting it monthly.
    Biggest bullshit, we had such stuff here already.

    And the best, it does expire after 6 months no use, but you don't even mention it.

    Nice affiliates link.

  • estnocestnoc Member, Patron Provider
    edited October 2017

    Well, i have strong feeling that when Hetzner had OP's personal data (name,address etc) it is already in Deutsche Polizei's possession in a moment when those disks were confiscated. So, i encourage OP to step over the EU border somewhere and he will find out what was the issue with those disks :)

  • frkfrk Member

    @AnthonySmith said:

    levnode said: I am not familiar with EU law and CP is the only thing that I know it's prohibited to host.

    Erm, especially in Germany the list of things illegal to host is as long as both of your arms.

    Yep. Next on the list of Heiko Maas is catching thought criminals red handed.

    Seriously, I would never host anything in germany. Even china is more liberal in regards to many things...

  • layclayc Member
    edited October 2017

    You should may tell your team that "password" is not a save password.

    I guess even if you have done something illegal you won't have to worry about consequences as long as you dont visit germany one day.

  • @layc said:
    You should may tell your team that "password" is not a save password.

    I guess even if you have done something illegal you won't have to worry about consequences as long as you dont visit germany one day.

    That depends how serious the issue is. Europol and Interpol can catch you nearly everywhere, so I would better take care of the issue.

  • mfsmfs Banned, Member

    estnoc said: Deutsche Polizei

    Every time I read something like this it reminds me of some '90s Eurobeat, I can't help it

    Thanked by 3Nuntius Falzo Janevski
  • @mfs said:

    estnoc said: Deutsche Polizei

    Every time I read something like this it reminds me of some '90s Eurobeat, I can't help it

    how come I knew what's behind that link before I clicked it? :D

  • Which countries in Europe would be better then?

  • @nobizzle said:
    Which countries in Europe would be better then?

    ...comes up to what you want to do?

  • @nobizzle said:
    Which countries in Europe would be better then?

    as a german citizen probably doesn't matter ;-)

  • MaouniqueMaounique Host Rep, Veteran

    It depends on the country culture. A german court will go by the book no matter the costs and time, a romanian one will think it is not worth the effort to pursue an indian or korean as the result is unlikely to be worth the effort if there would be a result at all.
    Other than that, the laws are somewhat similar regarding cybercrime, BUT, the courts and police training vary widely. If you want a judge and a policeman that understands what a Tor exit or a hacked server is, Romania is a good place, Italy is very bad. Also NL is pretty good in that regard.

  • This is where backups are useful.. for you to do your own investigation.

  • WilliamWilliam Member
    edited November 2017

    levnode said: As I said, I am not familiar with EU law and CP is the only thing that I know it's prohibited to host

    Oh boy. It's not.

    • Anything nazi related
    • Any holocaust denial, including doubting numbers
    • Rape and other videos
    • Porn (yes, any.) without age control
    • Videos/Photos picturing death
    • Public danger
    • Text content that contains sex between minors (yes, text CP gets you jail in Germany.)

    All these are immediate reasons to confiscate your drives.

    bsdguy said: For a start, as OP seems to not live in germany and from what little he told us I do not even think that there is trouble with the german law. I rather presume that there is trouble brewing in OP's country and that the german simply acted upon an inter-agency agreement.

    German law requires foreign orders to be locally verified. Same as Austria. DE/AT do absolutely not blindly execute foreign orders. A foreign order has to be signed by a German judge.

    Malin said: The German law is probably the most strict in Europe, Hetzner will tell you if you ask them that when it comes to porn, any type of it, it all breaks down to the discretion of the police

    Hosting porn without age gateway is illegal in Germany. Entirely.

    bsdguy said: As for what to do, no you must not lawyer up right away. In most european countries you can simply contact the relevant authorities (those who took your servers away) and they MUST (and usually will without much trouble) tell you the legal basis for their actions which in cases like this translates pretty much to telling you why, on whose request, and what exactly (a single disk of an array, the whole machine, etc) was taken away and why you are accused of (if you are accused of anything) and by whom.

    Not if he is not EU citizen. He cannot legally represent himself without identification, which is not possible as non EU citizen without notary.

    They will also not tell him anything and absolutely do not have to. German police can hold all evidence back until court date EXCEPT to your lawyer. Germany forces you to a lawyer in court; self representation is generally not legal.

    bsdguy said: b) Unless you are a very big and well connected player you have zero chances to fight back, even if they do outright illegal things (which quite often happened in diverse european countries).

    As non EU citizen he is not protected by the German constitution or EU laws.

    pike said: German FEDs are after online drug markets because most of the online drug sellers come from germany

    Bullshit. Most listed drugs are shipped from NL in EU. You can check yourself at any random market.

    Maounique said: Same as the war on drugs, islam, migration, etc, the problem wont be stopped by seizing disks and putting people to jail then free after decades to be lynched, even when they are guilty of possessing child porn they did not create while people abusing kids in their family

    You do not go to jail for CP in Germany. Practically impossible.

    Maounique said: If there was ToS violation and the court instructed the DC to hand over the disks to the police AND not inform them "suspect" in order to continue the sting operation then:

    In DE/AT the confiscations are usually not done by the DC; they are done by a hired company that either comes with or without normal police (or, in Austria, the internal agency). Seen enough times.

    jackb said: Porn isn't illegal in Germany, i think there is just an incredible amount more regulation than some other countries. Disallowing it is a choice Hetzner made in their ToS, presumably because of the additional red tape.

    Pretty much as @falzo said - Porn is not illegal but requires WORKING age verification which is not possible; a creditcard is NOT sufficient and the ID system data is not public. In practice it is at this time impossible to build a legal porn site in Germany.

    Falzo said: so, if you are from america and host porn that a german underaged can accidentically stumble across - you might be breaking german law already ...

    Only if hosted inside Germany. Germany does not claim, unlike the US, judicial power over crimes committed by foreigners in foreign countries affecting locals.

    The only cases where they do this are murder and pretty much asian sex tourism.

    Thanked by 1kassle
  • So have we found out what he did yet?

  • ClouviderClouvider Member, Patron Provider

    @AlyssaD said:
    So have we found out what he did yet?

    After early excitation reaction when the OP found what he thought was alleged provenif Hetzber’s error, after we brought him down that it actually wasn’t the OP was no longer so keen to be part of this conversation. Shame.

  • MaouniqueMaounique Host Rep, Veteran

    William said: yes, text CP gets you jail in Germany

    William said: You do not go to jail for CP in Germany. Practically impossible.

    Ehm....

    Thanked by 2notFrecyboy Lee
  • some people throw their issue in public (maybe with a twist) to gain support and runaway. but here i see LET people is so smart to filter out this scheme.

    hope my justification about OP is incorrect

  • @Maounique said:

    texts are worse

  • @Clouvider said:

    @AlyssaD said:
    So have we found out what he did yet?

    After early excitation reaction when the OP found what he thought was alleged provenif Hetzber’s error, after we brought him down that it actually wasn’t the OP was no longer so keen to be part of this conversation. Shame.

    Perhaps Interpol got him and now they are talking about plants and trees and sunshine and small little birds during spring time.

  • ClouviderClouvider Member, Patron Provider

    I read what I wrote and I seriously consider disabling the dictionary.

    Thanked by 3Maounique Janevski Fusl
  • @William

    german lea and courts are bound by their laws. If you are not a eu citizen your position is probably somewhat weaker but a) there are countless international treaties in place and b) again: the german authorities are bound by their laws. Those i.a. demand that any kind of confiscation must be formally documented and the reasons and legal basis must be brought to the attention of the concerned (except a few exceptions which, however, are irrelevant in this case).

    And besides the individual cop on the street the lea generally painstakingly keep the law in mind because otherwise they provide major tools for the defense. If OP, for instance, walked into a german embassy produced legal id and asked to be informed they almost certainly would provide the information. If they don't OPs lawyer will easily rip them apart in court (possibly followed by a civil lawsuit for damage).

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