From espionage to hacking...a radical shift in the powers of German intelligence

The German Parliament (Bundestag) voted on Friday (November 13) on one of the largest legal amendments related to the intelligence services in decades, in a move that the government described as a necessary response to the increasing security threats, cyber attacks, espionage and sabotage operations targeting Germany and Europe.

On the other hand, the reforms sparked criticism from the opposition and civil rights organizations, which warned of an unprecedented expansion of the powers of the intelligence services.

The amendment, which was called the “reform of the century,” mainly includes new powers for both the German foreign intelligence service and the Constitutional Protection Service (the internal security service responsible for monitoring extremism and threats to the democratic system).

Expanding powers: from collecting information to direct intervention

The most prominent feature of the new law is that it moves the intelligence services from their traditional role based on collecting and analyzing information to a more active role that allows them to intervene directly to thwart some threats. Until now, the mission of these agencies was focused on monitoring, controlling, and submitting reports to the competent authorities, while executive matters, such as arrests and raids, were the responsibility of the police and other security agencies.

After the amendment, German intelligence can now carry out specific offensive electronic operations, such as disrupting electronic servers used by hostile parties or hacking groups, and interfering in digital infrastructure suspected of being used for espionage or sabotage. It can also delete or modify some data to prevent attacks or impede their implementation.

Wider powers in the cyber field

The bulk of the reform focuses on the digital space, as the German government believes that modern threats are no longer limited to traditional terrorism or classic espionage, but rather include cyber attacks, electronic disinformation campaigns, and external interference in democratic processes, according to German TV Channel 2.

Therefore, the new law gives intelligence services broader tools to penetrate networks believed to be used to launch attacks against Germany or its allies. It also allows it to monitor communications more effectively and use advanced technical means to access digital data within the framework of specific legal conditions, according to the MDR website.

Among the important amendments is also allowing the use of artificial intelligence techniques to analyze huge amounts of data and discover suspicious patterns faster than was previously available. The government believes that relying on artificial intelligence has become necessary in light of the huge volume of digital information that security services encounter daily.

Expanding the use of biometric data

The law also allows expanding the possibilities of matching biometric data, such as facial images and other vital indicators, with data available on the Internet or within information bases owned by the competent authorities. The government considers these powers necessary to identify suspects who use false identities or operate through complex international networks.

Save data for longer periods

The new amendment also gives foreign intelligence broader powers to retain communications data for longer periods of time compared to before, including some traffic data on digital networks, such as Internet addresses and the duration and timing of communications. The government says this measure aims to enable investigators to track hostile networks that operate over a long period of time.

Secret entry into homes

Perhaps the most controversial provision is allowing - in specific cases and under strict conditions - the Constitutional Protection Service to secretly enter some places or residences in order to carry out certain technical procedures, such as accessing electronic devices or disabling means that may be used to carry out dangerous acts. The law requires obtaining prior legal approvals and oversight before implementing such procedures.

Supporters of the law stress that this power will only be used in exceptional cases related to serious threats to national security or serious terrorist or espionage operations. Critics see it as an unprecedented violation of the sanctity of private life.

The criticism continues

Clara Bünger, spokeswoman for the Left Party bloc for internal affairs, accused the federal government of working to create a "new German secret police" by abolishing the principle of separation between the police and intelligence services. It also warned that the reforms would lead to the imposition of "massive mass censorship using artificial intelligence."

On the other hand, Interior Minister Alexander Dobrindt rejected these concerns, stressing that the reforms actually aim to protect democracy. He pointed out that "the most severe control mechanisms" that the German services had ever seen were imposed, adding: "Organizations such as the 'Stasi' and the 'Gestapo' were not subject to any oversight." Responding to the Alternative for Germany (AfD) and Left parties, he said that they were seeking to weaken the protection of democracy “in the midst of a hidden war that threatens our freedom.”

For his part, Christian Firth, a politician from the Alternative for Germany party, criticized granting broader powers to the “For the Protection of the Constitution” body (domestic intelligence), considering that the goal is to reduce the “legal protection” available to his party. It may be permitted, for example, to withhold certain information from the authority's branches in the states.

It is noteworthy that the Alternative for Germany party is classified in many German states as a decidedly right-wing extremist party, and in the state of Saxony-Anhalt it may be able to reach the position of prime minister of the state through its candidate, Ulrich Zigmund.

Sonia Ishoude, vice-chair of the Social Democratic Party (SPD) bloc, also rejected criticism that the Constitutional Protection Authority might turn into a kind of secret police, explaining that the agency “is only allowed to intervene in cases where the police are unable to do so.” She added that within the framework of these reforms, the supervisory authority - which operates according to mechanisms similar to those of the judiciary - will also be strengthened to ensure oversight of the agencies.