Bundestag passes “reform of the century” for secret services

In view of the threat from Russia, the Bundestag has decided on a far-reaching reform of the German secret services. According to the legislative package passed on Friday, the Federal Office for the Protection of the Constitution (BfV) and the Federal Intelligence Service (BND) are now allowed to take active and covert action against attackers in the event of particular threats, instead of simply collecting information as before.

The Federal Office for the Protection of the Constitution may also restrict cooperation with individual state offices in the future in response to the AfD's election victory in Saxony-Anhalt. Federal Interior Minister Alexander Dobrindt called the law a “reform of the century” that would mark the beginning of a new era for the authorities.

“Intelligence services are becoming real secret services,” said Dobrindt. “We need these measures against the enemies of democracy who threaten this country from outside and inside.” SPD deputy parliamentary group leader Sonja Eichwede explained that the move would strengthen “the defense of democracy”.

Germany's domestic and foreign secret services have so far had significantly fewer rights, not only in comparison to the USA, but also to the services of other European countries. The rule of law was intended to be secured from the experience of the Nazi regime.

The services are now allowed to use cyberattacks to disrupt attackers' infrastructure, redirect data traffic, delete information stored for attacks or deliberately spread false information. However, such attacks are subject to the priority of the police authorities at the Office for the Protection of the Constitution. Minors can also be recruited in individual cases.

However, these instruments only come into consideration if gaps in protection cannot be closed otherwise, for example because information from foreign partner services cannot be passed on to the police.

Green Party deputy parliamentary group leader Konstantin von Notz supported the reform of the foreign secret service, but rejected the law on the protection of the constitution in its current form. “This draft gives everyone, especially the BND, the means to become capable of acting and to act on an equal level with our partner services,” said von Notz.

Things look different when it comes to the Office for the Protection of the Constitution. “You took advantage of the pressure situation at the BND to take a decisive sip too much from the bottle in several places,” explained the Green politician to Dobrindt.

The AfD and the Left criticized the expansion of powers as excessive and warned of a secret service that threatened the state from within.