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The German Parliament has passed a law according to which the country's internal and external intelligence services will have the right to actively combat espionage, terrorism and sabotage.
The new regulations apply to the work of the German Federal Intelligence Service (BND), as well as the domestic counterintelligence agency, the Federal Office for the Protection of the German Constitution (BfV).
Until recently, the activities of the German intelligence services were mainly limited to the collection of information, and active actions could only be taken by other law enforcement agencies. This is due to the reluctance to give too much power to the secret services against the backdrop of the historical experience of Nazi Germany, where the Gestapo actively participated in the crimes of the Hitler regime, and the GDR with its notorious Stasi service.
In the Bundestag, the law on new powers was supported by 309 deputies, 190 voted against, and 71 abstained.
Why was this law passed?
German Interior Minister Alexander Dobrindt, who supported the law, called it "the reform of the century." He explained that intelligence agencies need expanded powers to effectively combat growing threats from other states.
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In particular, the German government talks about the threat of espionage and aggressive actions from Russia, China and Iran.
“We have become the target of hybrid threats,” Dobrindt said. “Germany is a space for terrorism, extremism and foreign governments.”
In early September, Germany officially accused Russia of attempting sabotage at Leipzig airport. A month earlier, a drone loaded with explosives was discovered there.
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Leipzig Airport is not only a civilian airport, but also an important logistics hub and a transport hub for NATO and the German army. In addition, the Ukrainian cargo airline Antonov Airlines is based there, and the drone was found near Ukrainian aircraft.
In addition, a number of suspected acts of sabotage against energy and other infrastructure occurred in Germany over the summer.
The head of the BND, Martin Jäger, stated that Russia is waging a “shadow war” against Germany using drones, espionage, sabotage, disinformation and other tools.
Russia, as usual in such situations, denies the accusations and calls them manifestations of Russophobia.
What powers will the intelligence services now receive?
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After the law comes into force, the BND will have the right to conduct covert operations abroad, including those of a sabotage nature. These could include shutting down servers used by hackers backed by foreign governments.
German foreign intelligence would also be able to disrupt disinformation networks or disrupt arms supply chains.
BfV internal counterintelligence agents will have the right not only to collect information, but also, for the first time in German history, to take active action to protect property and information systems if specific threats are identified.
This means they will be able to defuse explosive devices, block and redirect information flows during cyber attacks, and destroy or falsify data used for malicious purposes. They will also be able to spread misinformation among attackers.
In certain situations, BfV employees will have the right to enter private homes, although such measures will always have to be approved in advance.
In addition, intelligence services will receive expanded capabilities for digital surveillance, including the ability to decrypt some communications and conduct “digital searches.”
Among the new tools available to intelligence will be data analysis using artificial intelligence, as well as searching for people using images on the Internet.
What do politicians say about it?
Clara Bünger, a representative of the opposition left party Die Linke, sharply criticized the new law, accusing Dobrindt of intending to create a new secret police in Germany.
In an interview with public broadcaster ARD, she called the new law “a monster that brings to mind those ghosts of the past that we will probably never be able to get rid of.”
She argues that in this way the authorities are blurring the line between the police and intelligence services, which did not exist during the Nazi era. “This means that the secret services are given executive powers. Not only will they be able to take proactive action, but they will also be able to act like police,” she said.
However, Dobrindt called attempts to accuse the government of creating a new secret police “crazy.”
Sonja Eichwede, a spokeswoman for the center-left SPD party, backed the reforms, saying they would greatly improve the stability of German democracy.
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