Resumen de Die verwendung fiktiver identitäten für strafprozessuale ermittlungen in sozialen netzwerken: überlegungen zur grundrechtsrelevanz und zulässigkeit nach deutschem recht
The ongoing spread of social networking pages such as Facebook and Google+ recently sparked the interest of German security agencies. In a statement of 14 July 2011, the federal government acknowledged the relevance and conduct of criminal investigations on social networking pages. The government takes the view that the pseudonymous participation does in general not require a specific legal basis since there is no legitimate expectation of privacy on websites which do not require a verification of identity by registration. This view is partly shared in legal writing and refers to a relatively vague section in a recent judgment of the federal constitutional court. The article analyses that argument and reveals that it is too undifferentiated for a transfer to social networks and thus not in accordance with the constitutional requirements in Germany.
