to 21.3 million in 2010. 6 In 2008, T-Online’s DSL flat rate was EUR 10 (USD 15) per
month. 7 Germany has 16 international Internet exchange points (IXP). 8 The largest
one by far is the Deutsche Commercial Internet Exchange DE-CIX in Frankfurt, which
is the second-largest IXP in the world with an average throughput of 200 Gbps and a
maximum of more than 400 Gbps. 9
Legal and Regulatory Frameworks
The regulator for the telecommunication sector of the economy is the Bundesnetzagentur (Federal Network Agency), which is also responsible for the postal service and
energy services. 10 It has been endowed with authority by the Telekommunikationsgesetz
(TKG, Telecommunications Act) of 2004. 11
The law that concerns the Internet as a medium is the Telemediengesetz (TMG, Telecommunication Media Law) passed by the parliament in January 2007. 12 Section 8 of
the TMG explicitly states that providers are not responsible for transmitted information, provided they did not initiate the transmission or modify the transferred data.
The legal foundations for censorship are grounded in Germany’s laws prohibiting
public incitement of hatred against a minority (Volksverhetzung) and Holocaust denial.
For example, Section 130(3) of the German Criminal Code notes, ‘‘Whoever . . . denies
or renders harmless an act [of genocide] committed under the rule of National Socialism in a manner capable of disturbing the public peace shall be punished with imprisonment for not more than five years or a fine.’’ 13 Additionally, media considered
harmful to minors are regulated by the Bundespru ¨fstelle fu ¨r jugendgefa ¨hrdende Medien
(BPjM, Federal Department for Media Harmful to Young Persons), which traditionally
censored films, print media, and computer games, but has expanded its focus to the
Internet. 14
Because of the federal structure of Germany’s political system, Internet censorship
can be initiated at the regional level. In 2002, the Bezirksregierung Du ¨sseldorf (district
government) obliged 56 ISPs to restrict access to four foreign Web sites. 15 Each of these
Web sites was based in the United States and contained right-wing extremist material.
The Bezirksregierung, which enforces the restrictions on Internet speech in the federal
state of North Rhine–Westphalia, offered the ISPs a choice of three ways to implement
the blockade: DNS-blockade, IP-blockade, or usage of a proxy server. 16 An online petition condemning these attempts to block access has received more than 26,000 signatures. 17 However, neither political demonstrations nor lawsuits have been successful in
stopping the blockade. In the end, the administrative court of Du ¨sseldorf endorsed the
blockade in 2005. 18 By now, 76 Internet service providers have been required to block
right-wing extremist Web sites. 19
Furthermore, according to a study published by the Berkman Center for Internet
and Society in 2002, a number of Web sites relating to neo-Nazi, white supremacist,
Germany
309
month. 7 Germany has 16 international Internet exchange points (IXP). 8 The largest
one by far is the Deutsche Commercial Internet Exchange DE-CIX in Frankfurt, which
is the second-largest IXP in the world with an average throughput of 200 Gbps and a
maximum of more than 400 Gbps. 9
Legal and Regulatory Frameworks
The regulator for the telecommunication sector of the economy is the Bundesnetzagentur (Federal Network Agency), which is also responsible for the postal service and
energy services. 10 It has been endowed with authority by the Telekommunikationsgesetz
(TKG, Telecommunications Act) of 2004. 11
The law that concerns the Internet as a medium is the Telemediengesetz (TMG, Telecommunication Media Law) passed by the parliament in January 2007. 12 Section 8 of
the TMG explicitly states that providers are not responsible for transmitted information, provided they did not initiate the transmission or modify the transferred data.
The legal foundations for censorship are grounded in Germany’s laws prohibiting
public incitement of hatred against a minority (Volksverhetzung) and Holocaust denial.
For example, Section 130(3) of the German Criminal Code notes, ‘‘Whoever . . . denies
or renders harmless an act [of genocide] committed under the rule of National Socialism in a manner capable of disturbing the public peace shall be punished with imprisonment for not more than five years or a fine.’’ 13 Additionally, media considered
harmful to minors are regulated by the Bundespru ¨fstelle fu ¨r jugendgefa ¨hrdende Medien
(BPjM, Federal Department for Media Harmful to Young Persons), which traditionally
censored films, print media, and computer games, but has expanded its focus to the
Internet. 14
Because of the federal structure of Germany’s political system, Internet censorship
can be initiated at the regional level. In 2002, the Bezirksregierung Du ¨sseldorf (district
government) obliged 56 ISPs to restrict access to four foreign Web sites. 15 Each of these
Web sites was based in the United States and contained right-wing extremist material.
The Bezirksregierung, which enforces the restrictions on Internet speech in the federal
state of North Rhine–Westphalia, offered the ISPs a choice of three ways to implement
the blockade: DNS-blockade, IP-blockade, or usage of a proxy server. 16 An online petition condemning these attempts to block access has received more than 26,000 signatures. 17 However, neither political demonstrations nor lawsuits have been successful in
stopping the blockade. In the end, the administrative court of Du ¨sseldorf endorsed the
blockade in 2005. 18 By now, 76 Internet service providers have been required to block
right-wing extremist Web sites. 19
Furthermore, according to a study published by the Berkman Center for Internet
and Society in 2002, a number of Web sites relating to neo-Nazi, white supremacist,
Germany
309