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While the government says it won't prosecute people hired to test system security, the law is phrased in such a way that exceptions are not allowed, leaving security experts unsure of their legal status. As a result, many are removing their products from German sites and hosting them on offshore servers.
Australian security consultants Sûnnet Beskerming points out that the German security companies were hoping the legislation would be modified along the lines of the UK's Computer Misuse act, which was reworded to avoid this confusion.
Section 202c StGB of the German Computer Crime Act - which became law this week - makes the mere possession of tools like John, Kismet, KisMAC, Nessus, nmap, and even the ability to Google effectively a crime, says Sûnnet Beskerming. Penalties under the law include up to 12 months imprisonment, a fine, and even being accused of involvement in terrorism. µ
L'Inq
Sûnnet
Beskerming