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BND gets offensive cyber powers
Germany’s cabinet approved a reform that expands the powers of the Federal Intelligence Service (BND) and the Federal Office for the Protection of the Constitution (BfV), allowing offensive cyber operations and sabotage in response to hybrid attacks.
“Under the proposed reform, spies working for Germany’s foreign intelligence agency, the BND, could carry out acts of sabotage”
Interior Minister Alexander Dobrindt said, “Sabotage, espionage, cyberattacks and covert operations by foreign powers require new responses.”
POLITICO reported that under the proposed changes, BND personnel will be able to conduct offensive cyber operations, carry out certain acts of sabotage, and conduct more aggressive intelligence operations.
The reform is framed as a shift away from post-World War II limits that largely restricted the agencies to gathering information due to legal restrictions.
The legislation is expected to take effect by 2027, after it is passed by both chambers of parliament.
Storage, AI, and oversight
The reform would expand data acquisition and retention, with heise online saying the BND will be allowed to store content data for six months and communication metadata for twelve months and evaluate them for clues.
heise online also reports that the Office for the Protection of the Constitution should be able to use “online searches,” including intrusion into end devices and the search of these, often called the federal trojan.
In Berlin, the draft legislation is described as consolidating legal oversight under the Independent Control Council, with INSIGHT EU MONITORING saying the reform “consolidates legal oversight under the Independent Control Council.”
Nina Warken, described by INSIGHT EU MONITORING as Federal Minister for Special Affairs and Commissioner for the Intelligence Services, said Germany is a constant target of hybrid attacks and argued the services need greater powers and additional operational capabilities.
The same heise online account says the control of intelligence services will be strengthened in parallel, with the Independent Control Council requested for authorization before the most far-reaching measures.
Opposition warns of “secret police”
German opposition parties warned that the reform could violate the constitution and pave the way for a “secret police,” with Anadolu Ajansı reporting that lawmakers said the changes could erode the separation between intelligence agencies and the police.
““A new German secret police force with operational powers is a massive source of insecurity”
Clara Buenger, quoted by Anadolu Ajansı, warned that “A new German secret police force with operational powers is a massive source of insecurity that will, moreover, be largely exempt from judicial oversight,”.
Anadolu Ajansı also quotes Konstantin von Notz saying the proposed bill does not actually grant constitutional powers and that it serves no one’s interests to give intelligence agencies unconstitutional tools “that the highest courts will predictably strip from them in no time.”
The reform’s supporters argue it is needed for faster responses to disinformation campaigns, hacking attacks, and acts of sabotage, and Tagesschau is cited in Межа. Новини України as reporting that the update is intended to change how Germany’s intelligence services operate.
The draft law still must undergo parliamentary consideration, and the opposition says its future depends on the decision of the German parliament.
