Bonum Certa Men Certa

EPOLeaks on Misleading the Bundestag -- Part 17: Jawohl, Herr Minister!

Series index:

  1. The EPO Bundestagate -- Part 1: How the Bundestag Was (and Continues to be) Misled About EPO Affairs
  2. The EPO Bundestagate -- Part 2: Lack of Parliamentary Oversight, Many Questions and Few Answers…
  3. The EPO Bundestagate -- Part 3: A “Minor Interpellation” in the German Bundestag
  4. The EPO Bundestagate -- Part 4: Parroting the GDPR-Compliance Myth
  5. The EPO Bundestagate -- Part 5: The Federal Eagle's Disconcerting Metamorphosis
  6. EPOLeaks on Misleading the Bundestag -- Part 6: Dr Petri Starts the Ball Rolling…
  7. EPOLeaks on Misleading the Bundestag -- Part 7: Ms Voßhoff Alerts the Bundestag…
  8. EPOLeaks on Misleading the Bundestag -- Part 8: The EPO's Tweedledum, Raimund Lutz
  9. EPOLeaks on Misleading the Bundestag -- Part 9: A Veritable Virtuoso of Legal Sophistry
  10. EPOLeaks on Misleading the Bundestag -- Part 10: A Faithful Lapdog Despised and Reviled by EPO Staff
  11. EPOLeaks on Misleading the Bundestag — Appendix (Benoît Battistelli's Vichy Syndrome): Georges Henri Léon Battistelli and Charles Robert Battistelli
  12. EPOLeaks on Misleading the Bundestag -- Part 11: The BMJV's Tweedledee: Dr Christoph Ernst
  13. EPOLeaks on Misleading the Bundestag -- Part 12: A Worthy Successor to His Mentor?
  14. EPOLeaks on Misleading the Bundestag -- Part 13: The Failed Promise of a “Good Governance” Guru…
  15. EPOLeaks on Misleading the Bundestag -- Part 14: The Notorious Revolving Door
  16. EPOLeaks on Misleading the Bundestag -- Part 15: Different Strokes for Different Folks
  17. EPOLeaks on Misleading the Bundestag -- Part 16: An Inimitable Duo
  18. You are here ☞ Jawohl, Herr Minister!


Raimund Lutz, Heiko Maas and Christoph Ernst



Summary: A French-German co-production of "Yes, Minister!" starring Raimund Lutz, Heiko Maas and Christoph Ernst. Directed by Benoît Battistelli.

As we have seen, the matter of the EPO's deficient data protection framework was placed on the agenda [PDF] of the Legal Affairs Committee of the Bundestag at its meeting scheduled for 14 October 2015.



"All that remained for Ernst to do was to work the usual EPOnian “copypasta”..."In preparation for this meeting, Christoph Ernst was tasked with drafting the Justice Ministry's submission to the Legal Affairs Committee.

As explained in the last part, Ernst was assisted in this task by his mentor, Raimund Lutz, EPO Vice-President (and former official of the Justice Ministry), who provided his protégé with a carefully formulated statement of the EPO's position.

All that remained for Ernst to do was to work the usual EPOnian "copypasta" magic and serve up the result [PDF] in the form of a Memorandum ("Informationsvermerk") for the Legal Affairs Committee.

Informationsvermerk
Ernst prepared the Justice Ministry's Memorandum for the Legal Affairs Committee of the Bundestag using the usual EPOnian "copypasta" skills.



In his Memorandum to the Legal Affairs Committee, Ernst parroted the old EPOnian myth about the "close alignment" between the EPO's data protection framework and European data protection law.

"In his Memorandum to the Legal Affairs Committee, Ernst parroted the old EPOnian myth about the "close alignment" between the EPO's data protection framework and European data protection law."The Committee was informed about the EPO's "relatively high standard of data protection compared to other international organizations" – as if that could be considered a source of comfort!

Ernst also took pains to point out that the establishment of independent external supervision, for example by the European Data Protection Supervisor, would impinge on "the institutional foundations of the EPO" and would require an amendment to the European Patent Convention.

This would in turn necessitate a diplomatic conference of the contracting states which meant that the change desired by the BfDl "could not be implemented easily or quickly".

When it came to the controversial issue of covert surveillance, Ernst carefully followed the cues provided by Lutz and informed the Committee that "according to the internal law of the EPO, the computer surveillance was lawful and proportionate and did not violate the rights of the person concerned".

In any case - so the Committee was told - there was no need for concern because anybody who considered that their rights had been violated would have adequate access to "legal protection" via the EPO's data protection officer – aptly described by Florian Müller of FOSS Patents as a "dictator's minion" - and via the organisation's notoriously dysfunctional internal appeal procedures.

Based on these considerations, the Legal Affairs Committee of the Bundestag was informed of the BMJV's opinion that "a regulatory gap is not considered to exist".

"When it came to the controversial issue of covert surveillance, Ernst carefully followed the cues provided by Lutz..."Finally, Ernst assured the Committee that "the Justice Ministry will continue - both within and outside the Administrative Council - to ensure compliance with high data protection standards".

For good measure, the Memorandum concludes with another generous serving of humbug about the "Current social situation at the EPO".

Ernst explained here that "[t]he BMJV is actively working to improve the situation at the EPO and has been instrumental in initiating a renewal of the social dialogue in the Administrative Council, which is to take the form of a trialogue between the EPO President, the staff unions and representatives of the Administrative Council" and he emphasised that "the BMJV conducts many background discussions with all sides and is continuously striving for a fresh start".

All of this neatly skirts around the elephant in the room, namely that the underlying cause of the social conflict at the EPO was the failure of the Administrative Council - under Ernst's stewardship - to enforce its authority over the rogue Office President, the latter-day Corsican despot Battistelli.

It seems that Ernst's "copypasta" Memorandum was enough to persuade the honourable members of the Legal Affairs Committee that everything was fine and dandy in the fairytale land of EPOnia and that there was no need for further action on their part.

The members of the Committee were also told in no uncertain terms that - even if they were inclined to pursue the matter further - the change desired by the BfDl would require a diplomatic conference and for this reason "could not be implemented easily or quickly".

And so it was that - with the aid and assistance of the head of the EPO's Directorate of Legal and International Affairs - Christoph Ernst managed to head Ms Voßhoff and her posse off at the pass, thereby averting the "doomsday scenario" of a public exposure of the deficiencies in the organisation's data protection framework.

"All of this neatly skirts around the elephant in the room, namely that the underlying cause of the social conflict at the EPO was the failure of the Administrative Council - under Ernst's stewardship - to enforce its authority over the rogue Office President, the latter-day Corsican despot Battistelli."To the great relief of Team Battistelli the impending threat of external "interference" in the affairs of the autonomous fiefdom of EPOnia had been successfully neutralised and the spectre of a diplomatic conference was banished for the foreseeable future.

Of course no other outcome could have realistically been expected, given that the German Justice Minister at the time in question was Heiko Maas.

In the next part we shall take a closer look at Justice Minister Maas and his relationship with the EPO during the Battistelli era.

Recent Techrights' Posts

You Should Probably Self-Host Your E-mail and Never Use a Web Browser for Mail
Does anyone still believe Gmail is "free"?
StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
 
Trump Authority (CA) With a Trump NSA is All About Security, But Whose?
A "turnkey tyranny", as the NSA whistleblower Thomas Drake loved to call it
Confirming IBM Shutdowns and Layoffs Today
It's not over yet
Gemini Links 16/04/2025: The 2010s Are Calling and Why "Tools Will Not Liberate Us"
Links for the day
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day
Links 15/04/2025: Touchable Volumetric Display and Resistance to American Spying Firms
Links for the day
Links 15/04/2025: Some People Cannot Read and Re-discovering of 'Web 1.0'
Links for the day
Links 15/04/2025: China Admits Targetting Critical Infrastructure Using CALEA Back Doors, NASCAR Cracked by Windows Usage
Links for the day
Why We Support Carole Cadwalladr (Even If We Don't Agree With Everything She Said)
I first became aware of Cadwalladr's work a long time ago
Microsoft's Serial Strangler Chose to Attack Techrights With SLAPP When Over 400 Victims of Mohamed Al Fayed Complained About Media's Role in Enabling Him
There is a strong element of "free press" here
A Coalition or a Coup of Sexism
In the Free software community it's hard to avoid this issue
statCounter Sees GNU/Linux at New High of 6% in Bosnia and Herzegovina
GNU/Linux is measured at all-time high
To Celebrate Git Turning 20 Linus Torvalds is 'Selling Out' to Microsoft and Proprietary Software Which Attacks Git (E.E.E.)
He makes it seem like he's endorsing his attackers
Gemini Protocol Milestone (3,000 Active Capsules)
and a total of nearly 4,500
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 14, 2025
IRC logs for Monday, April 14, 2025
Gemini Links 14/04/2025: Silver Pigs and more Foundation, Disliking Computers
Links for the day
Hundreds of Microsoft Layoffs (Net Headcount Decrease) in the United Kingdom
headcount decreased
Links 14/04/2025: Russian Attack on Sumy Shows No Intention of Peace, Virgin Australia Admits Overcharging People
Links for the day
The Dilemma of Web Browsers Lying About What They Are (in Order to Bypass Discriminatory Gateways Like Clownflare) Worsens Due to LLM Slop
LLM crawlers/scrapers have made sites more restrictive and hostile towards browsers that are potent but not "famous"
What Really Matters to Companies is Net Income or Profit (Bankruptcy is Possible Even With High Revenue)
We ought to stop talking about revenue without focusing on actual profit
Carole Cadwalladr Talks About How Big Business Tried to Silence Her (and Why You Might be Next)
Our story is very different from Cadwalladr's for many reasons
Companies Conspiring to Keep Salaries Down and Undermine Competition
People who do all the practical work are being paid less and made to work for much longer
Links 14/04/2025: Disinformation, Public Disdain for LLMs, and "Lessons on Tyranny"
Links for the day
LLM Slop and SEO SPAM Take Us Further Away From Facts (the Case of IBM Layoffs)
Some of these can impact Red Hat as well
Gemini Links 14/04/2025: Ween and Historic Ada Project Management
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 13, 2025
IRC logs for Sunday, April 13, 2025
Influencers: Red Hat, Inc's IPO, 1999, post-mortem on the directed share offer to open source developer community
Reprinted with permission from Daniel Pocock