German "all things digital" online platform netzpolitik.org is no stranger to being the subject of threats and legal scuffles.
Some of the threats have included German companies going after the so-called "bloggers", who are in fact journalists, when they published stories about said companies surveillance of their very own employees with dubious tactics and outside help.
Other threats include a police agency threatening to sue because an article about that agency showed the agency logo.
But the latest trouble is of magnitude unheard of in Germany for some fifty years: Back in May, Germany's domestic intelligence agency BfV filed a criminal complaint with the German federal prosecutor against "persons unknown" regarding the publication by netzpolitik of confidential documents about financing a new internet surveillance department and an effort for bulk exploitation of social media data.
At the time news of the complaint became public, in May, netzpolitik reported a complaint "against us" has been filed - and was immediately scolded by experts, fellow journalists and the strange assortment of German IT workers who hate what netzpolitik stands for.
You got it all wrong, they told netzpolitik, there can't be a complaint against the publication, only against the leakers of the docs under the German official secrets act (under section 353b of the German penal code).
Life went on until a few days ago: The letter informing them of the investigation is dated 24 Juli (link to the complaint in German) and it references section 94 of the German penal code: treason.
Two journalists are named as targets besides the as yet "persons unknown" (leakers).
The good news is that most of the German media cried foul, the bad news is that German officials went into what can be charitably called "I didn't do it mode", that the chief of the domestic spy service is utterly unrepentant, and that the federal chief prosecutor wobbled.
Between May and July, German government officials claimed they had no information about the case, yet it turns out that the Justice Department cannot explain a delay of two weeks between receipt of the complaint and the date of the "date received stamp".
Justice officials claim they advised the prosecutor (who cannot by law act independently) against opening a treason investigation.
The prosecutor claims no advice was provided in those words and promptly did what German officials do went they need to cover their asses: he asked for an expert opinion by the intelligence service and subsequently for an independent outside expert opinion.
The intelligence agency expert opinion is, obviously, in line with their very own complaint.
The outside expert, well, he took his summer vacation and has not been heard off during that valuable time of rest and relaxation.
Worst of all, though, are the many conservative politicians (remember the current German federal government is made up of conservatives and social democrats) who went public with their support of the intel folks without any sort of clear understanding of what a charge of treason requires:
1) passing state secrets to a foreign power or an agent of a foreign power, or
2) passing them to other unauthorized persons or publishing them in order to create a disadvantage for Germany or an advantage for a foreign power [rest see German text]
Legally, there is reason to allege any such intent on the part of netzpolitik, or even the leakers, but that has not stopped the usual "pro do whatever it takes" crowd to back off.
As to damage to German security, let's be honest: nothing, zilch, nada. German state domestic intelligence agencies have an awful track record in solving right wing extremist violence, as shown by the decade long neo nazi murder spree of the National Socialist Underground.
Only a word by the Chancellor Ms. Merkel herself expressing "some doubt" on the validity of the charge of treason seems to have calmed down the situation but not resolved it.
As it is right now, officials emphasize they are only performing an investigation that may or may not lead to indictments.
Reporters without Borders ranked Germany as number 12 in their press freedom list, and it remains to be seen if the country stays there.
As far as the legal foundation of the freedom of the press goes, Germany does not have the "shall make no laws" pillar the U.S. does but a provision that basically says "the press is free, and individuals laws can regulate the extent of press freedom".
How long until everybody's favorite Russia Today starts quoting this generally ignored legal provision?
Oh, they already have.
And yes, if the Russians or the Chinese ever start an investigation into the operators of a "blog" for treason, we'll see it as front page news everywhere.
Accusing netzpolitik.org, a donation financed outfit, of profiting from the publicity is in full swing, as are attacks on it on Twitter by sysadmins who cannot get over the fact that citizens may want to be informed and not talked down to.
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