Originally Posted by
sannmann
German law wouldn’t apply on this Lufthansa flight, as it landed in the United States. It would be up to U.S. federal prosecutors to pursue any charges for crimes committed on the Lufthansa flight prior to its landing at IAD.
Lufthansa’s contract of carriage may prohibit recording on a flight.
When it's in-flight the laws of the state of registration apply, unless its otherwise possible to prosecute by way of the Tokyo Convention- for example if its in US airspace and a pax hijack's, but I don't think it would meet any threshold there because it doesn't seem like the actions of taking photos would cause jeopardy to persons or property?
By your logic, pax under 21 who were enjoying delicious libations could be prosecuted cos the flight landed in the US (force majeure remember, it was AUS-FRA diverted to IAD). That's not the case, as the drinking age in DE applies and no underage drinking offences would be committed. As it happens, it's the case that only the drinking age of the state of registration apply even while heading to the US or even in US airspace.
We would have to refer to DE law on what it states in terms of putting pax in the slammer for offences onboard DE aircraft. For example, to see how it looks in UK law you could read Section 90 of the Civil Aviation Act 1982:
Any act or omission taking place on board a British-controlled aircraft [[url=https://www.legislation.gov.uk/ukpga/1982/16/section/92#commentary-c2542641]F1or (subject to subsection (1A) below) a foreign aircraft] while in flight elsewhere than in or over the United Kingdom which, if taking place in, or in a part of, the United Kingdom, would constitute an offence under the law in force in, or in that part of, the United Kingdom shall constitute that offence; but this subsection shall not apply to any act or omission which is expressly or impliedly authorised by or under that law when taking place outside the United Kingdom.
I'd imagine DE has similar stuff in the StGB or whatever it's called.