German ISP May Block Access to Google

FRANKFURT — A German adult website operator has filed for expedited proceedings in the district court in Frankfurt to force the German ISP Arcor to block Google.de and Google.com in order to prevent the display of adult images without age verification, which is prohibited under German law.

The request was filed by Huch Medien GmbH, the company that owns and operates AmateurStar.de, according to the news site Heise.de.

In its filing, Huch Medien reportedly said it would not simply sit back and watch as Google’s image search displayed pornographic images to users of all ages, including “clearly prohibited animal pornography.”

Huch Medien reported the issue to Arcor directly on Nov. 20, according to reports, and waited to see if the ISP would take measures to block Google. After receiving no response from Arcor to the original report or to a subsequent formal cease and desist letter sent by the company’s attorneys, Huch Medien took the matter to court.

Huch Medien Executive Director Tobias Huch said that he’s merely trying to get the German legal system to clarify the scope of the liability exemptions offered to ISPs under the German Telemedia Act.

“The court needs to tell us whether the German way is the only way,” Huch said.

Huch asserted that since Germany blocks sites like YouPorn.com — as the court ordered Arcor to do in October — then the country theoretically should block all websites that violate relevant German and/or European Union law.

If Germany is going to maintain such a legal posture and engage in blocking sites in widespread fashion, then “we should not complain when China blocks a large number of websites,” Huch said.

According to German attorney Daniel Koetz, the only European member of the 1st Amendment Lawyers Association and a bar-certified specialist in copyright and media law, the German law requiring age verification applies to all websites that can be accessed from Germany.

Koetz told XBIZ that the Telemedia Act requires “all sites bearing content presumably harmful to minors such as pornography to have an age-verification system.”

“Such an age-verification system has to ‘secure that minors cannot access the site,’” Koetz said. “Such is the written law.”

Koetz said that under the law, German authorities and courts only deem an age-verification system to be secure if the system forces end users to have personal contact with a third party who verifies their age.

“[It is] just like when entering an adult bookstore; the owner sees the customer, and the customer is over 18 years old,” Koetz said. “So, we have a ‘PostIdent-Verfahren’ which is an identification-process via your post office. You go there with a form, clerk sees the form and your passport, acknowledges your being over 18 and there you go.”

One of the problems with that system, Koetz said, is “who wants to go through all that hassle to enter a porn site, and who wants postal clerks to know you’re a pervert watching porn?”

Koetz said that as a result of the law, traffic to German porn sites is low because “everybody goes to other countries’ sites.”

Those foreign sites, however, are subject to being blocked by German ISPs by order of the courts, Koetz said — as Huch has requested that the Frankfurt court to Arcor to do with Google.

Koetz said that Huch’s request was filed in order to demonstrate “the perversion of all this.”

“Germany does not have a porn problem — it has a freedom-of-information-via-the-Internet problem,” Koetz said.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Age Verification: FSC's Mike Stabile Reports from the Frontlines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to distribute content on its streaming platform from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

HardWerk Relaunches Through YourPaysitePartner

HardWerk.com has relaunched through YourPaysitePartner (YPP).

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

Show More