I was gobsmacked sitting on a stage in Berlin when the privacy commissioner for a German state erupted in an attack on Google—which, by the way, has the highest market penetration in Germany of anywhere in the world (97.4% there vs. 65.4% in the U.S.).

“As long as Germans are stupid enough to use this search engine,” he spat, “they don’t deserve any better.”

This from Thilo Weichert, privacy maven for Schleswig-Holstein, brought to the stage, with me, by the Green Party for a discussion about privacy last week, where we were joined by Renate Künast, head of the party’s delegation in parliament, and Konstantin von Notz, their MP overseeing matters digital.

Before I went to Berlin I asked why the Germans are so bonkers about Google and privacy. But now I wonder whether it’s the Germans or their media and politicians.

Witness that moment: Here a public official charged with representing and protecting the public so cavalierly—no, so hostilely—dismisses and insults his own constituents and thinks he should tell them what to do. I ask him what harm Google has done him. He has no answer. He complains that “Google uses information to manipulate me.” Any more than any marketer … or politician?

Weichert also stood on stage supporting the German government’s move to require digital ID cards with embedded RFID. The Greens don’t agree; they are worried about the card. But Weichert goes farther: He says the ID cards should be used to verify identity on the internet. Now he’s spooking *me* about privacy.

As I listen in German, I hear the card called an “Ausweis” and I shiver just a bit that no one seems to recognize the ghost in the word. In America watching war movies, there was never a more frightening phrase than “Ausweis, bitte” — “papers, please” (see this from Arizona). When I talk about going too far with privacy, Germans remind me about their Stasi and Nazi past. Yet here is the government instituting electronic ID with technology that makes some American go nutty if it’s attached anonymously to pants!

This is the other German paradox — or as someone said at the Re:publica conference in Berlin after my talk about publicness, this is the American paradox: Americans mistrust government more than Europeans even though we have arguably had better governments than they have. And we trust companies more than Europeans even though we have arguably had worse companies.

I heard much mistrust of companies — well, especially one company: Google — in Berlin. “Google is the worst example of openness and transparency and the willingness to serve the democratic needs of society,” Weichert said on stage. He had what seems to be a legitimate complaint, saying that Google refused to meet with him an other privacy commissioners. But then again, a friend in the audience this night was twittering with a Google public affairs person in Germany who was watching the event on the web and was wondering why he hadn’t been invited to respond. Nonetheless, it’s unquestionably the case that Google has a PR problem in Germany.

You’d think Google would be better at PR given that Weichert insisted the company’s decision to end its censorship in China was “nothing but a PR trick.” He went farther, equating Google as an unsurveilled surveiller with China and Iran! “Google’s only interest is to earn money,” he said, as if shocked. That was a theme of the night: Google dares to make money. A Green journalist in the audience complained that Google uses data “to sell me.” I asked what newspaper doesn’t do that. Google, he said, “misuses my data to become too big.” Show me the line marked “too big,” I asked.

So is Google’s problem hostility to business or to America? Weichert denied both. But he complained that “no secret service is more secretive than the Americans’.” (I suspect the CIA would take that as a compliment.) He said the U.S. is focused too much on freedom of information and openness and not enough on privacy.

There may be nascent anti-Americanism but I don’t think that’s the root of this. Is it a misunderstanding of the

ways of the new digital world? Perhaps. Künast, whom I found to be a reasonable politician, launched into an odd discourse on taking pictures of the Bundestag and whether, if those pictures are sold in a souvenir shop online, a share of the profits ought to go to the German people and government since they own the building. Eh?

Maybe the problem is the concept of the public and the idea of control over the public. Künast is talking about controlling ownership and use of what is public. Weichert’s talking about limiting what’s public in public; he gets mad at me mocking the German movement toward a “Verpixelungsrecht” — a right to be pixelated, even for buildings! Weichert says we should all default to private and I ask whether we should default to public. I think that publicness is defined by openness and a lack of restriction. When you diminish what’s public you take from us, the public. For we own what’s public.

There’s additional historical irony having this conversation in Germany, where Jürgen Habermas is credited with defining the concept of the public sphere, though in my book I’ll argue that Habermas corrupted an earlier concept of making publics — plural. The internet returns us to the idea of making public gives us all the power to do so — and I don’t want to see that taken for granted or taken away.

So I argue that we need to protect our tool of publicness. That’s what we should be talking about. There, at last, there is some agreement: to the need to have a discussion about a charter of rights online. I propose mine, knowing it’s inadequate. Künast says government should begin by legislating essential rights.

Well, OK, but I said on stage that, with all due respect, I didn’t want either government or business claiming dominion over the public’s tool of publicness, our internet. I called on John Perry Barlow’s Declaration of Independence for Cyberspace. I don’t want Google and Verizon carving up the internet like the Sudetenland without us, its citizens, at that table. I sure as hell don’t want Herr Weichert telling me how I should use his internet. I implore the crowd to take charge of this charter themselves.

If they don’t, if the internet gets locked down and cemented up, I fear it will look like this bunker that — oh, photographic irony — stands just outside the Heinrich Böll Foundation where we are speaking:

That’s a World War II bunker now owned by a millionnaire who built a penthouse on top and put an art gallery into the floors below behind doors that are opened for guided tours by appointment. The metaphor is too obvious even for an American.

What gives me some hope is that folks in the audience — digital folks — are fighting the good fight and they’re doing it with humor. Jens Best started a movement to shoot photos of all the pixelated buildings in Google Street View and link them to those addresses. And here’s a video (watch to the end) about the pixelated man:

At the start of the evening, Künast says that “freedom can comprise anonymity.” Yes, but freedom also comprises publicness. Publicness may be our highest right of freedom — to stand up and say what we think and be who we are and join together and act without fear of oppression. Surely, that should resonate here. That is just the sort of balancing discussion we must have so people know they have a choice and protect that choice. We need to protect their right to be private. But we also must protect the rights of the public.

I challenge Künast — who, rumor has it, may next become the mayor of Berlin (she says nothing) — to make the city a model of openness, a monument to the public and I suggest that her party should call a conference to begin discussion of our rights. Just make it our discussion.

: LATER: Thanks to Stecki in the comments, here is Weichert calling his constituents “dumm” (auf Deutsch) and my challenge (in English):

: LATER STILL: Here is audio of the event. Sorry that it’s a mix of German and English.