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Abuse of trust in the Foreign Service

Highly controversial, it outlaws the preparation of an act of data espionage (§ 202a) or data interception (§ 202b) by making, obtaining, selling, distributing (or otherwise committing or making accessible to others)

  1. passwords or security codes to access data, or
  2. computer programs whose purpose is to commit such an act.

As the definition of a “program with the purpose of committing data espionage or data interception” is quite vague, there is a lot of debate how this new prohibition is to be handled in court, since software essential to system or network security might be seen to fall under this act as well. Too extensive an interpretation will surely[original research?] collide with the freedom of exercise of occupation as well as the right to property (Articles 12 and 14 of the Basic Law).