Germany's Intelligence Agencies Suddenly Receive Sweeping New Snoopitude and Deletion Powers

Jens Buettner/dpa via AP

The German legislature is expected to do something that has everyone but the German legislature, or Bundestag as it's known, kind of upset.

As if Germany weren't enough of a police state already, the coalition cabinet of Chancellor and Christian Democratic Union (CDU) leader Friedrich Merz came up with what they see as an answer to the increased threats in the big, mean world arrayed around them.

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They have proposed a number of sweeping changes to what the German intelligence agencies are allowed to do. All of them are on the radically more permissive, intrusive side, in order to defend the homeland from threats both internal and external.

The Federal Office for the Protection of the Constitution (Bundesverfassungsschutz, BfV) and the Federal Intelligence Service (Bundesnachrichtendienst, BND) are secret services. Both operate covertly — the former domestically, the latter abroad. They have long complained that they have fewer powers than their counterparts in other countries.

To better defend Germany against internal and external threats, the cabinet approved a draft bill on Wednesday. Parliamentary approval is still pending; the MPs' summer recess ends in early September. However, it is considered a mere formality that the Bundestag, the lower house of parliament, with the government majority of conservative Christian Democratic Union (CDU) and Christian Social Union (CSU) and center-left Social Democrats (SPD), will give it the green light.

What are these extraordinary powers that their spook services never had before, which will now be theirs to wield at will?

If you want to believe they are only going to be deployed against suspected Russian agents and Islamic terrorists, they sound perfectly reasonable. 

But as the German police will already kick your front door in and confiscate all your electronics over a social media post, they are a pretty chilling upgrade for the authorities, who would now be able to simply sneak a camera into the house to catch up on whatever else 'extremist' you were doing.

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...The BND and the Federal Office for the Protection of the Constitution are also set to be granted new powers in their traditional core mission of collecting and analyzing information. These include the analysis of large volumes of data using artificial intelligence (AI) and the cross-referencing of biometric data with the internet. Data retention periods are also set to be extended.

The Society for Civil Rights(GFF) considers large parts of the federal government's draft bill — which spans more than 700 pages — to be unconstitutional. Regarding the domestic intelligence service, the far-reaching access to private and public video surveillance in real time is seen as particularly problematic, GFF expert Kai Dittmann replied in response to a written inquiry from DW.

The donation-funded nonprofit GFF believes the same applies to biometric matching against publicly available images on the internet and the training of AI using data collected by intelligence agencies.

"There are no sufficient and clearly defined limits for such far-reaching intrusions, which above all affect countless innocent people," Dittmann criticizes.

The GFF argues the planned additional powers for the BND would violate constitutional rights: The foreign intelligence service would no longer be limited to gathering intelligence, but would also be tasked with warding off threats, operating domestically and carrying out active cyber operations.

"This blurs the constitutional boundaries between intelligence services, the police and the military," Dittmann says.

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Always on guard against 'extremists.'

...The agency will be given the authority to actively disrupt extremist and foreign operations, manipulate data traffic, deploy spyware for online searches and infiltration, and launch offensive counter-measures against foreign cyber infrastructure. - BILD

The problem comes with defining 'extremists,' doesn't it?

To an unpopular and extremely vulnerable ruling coalition, the surging popularity of a populist party looks like the rise of the worst type of extremism at the moment. Efforts to ban the Alternativ for Germany (AfD) Party are once again heating up in earnest. Panicked members of the coalition partners realize all their demonization and isolation tactics have failed to marginalize Alice Weidle's upstarts, while the general arrogant incompetence of the Merz government has only served to strengthen the AfD's appeal. 

I'm feeling just a bit cynical, as the Russians have been a threat for years, whereas the AfD is polling so high in upcoming local elections that the mainstream parties are looking at a potential wipeout for the first time ever.

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Would this have anything to do with the sudden impetus towards the expansion of surveillance powers?

German independent media believes the state is worried enough about AfD's commanding polling to have its fingers on the scale of a recent televised debate. The state broadcaster cleverly made sure to work in lots of 'right-wing extremist' rhetoric for good measure.

State-TV debate program targets AfD before critical elections in the East, allegations claim audience was packed with left-wing activists

Right before pivotal elections in the eastern state of Saxony-Anhalt, a debate program hosted by state broadcaster MDR showcased the massive propaganda being unleashed against the Alternative for Germany (AfD). The lead candidate for the AfD in the state, Ulrich Siegmund, not only faced seven other candidates all setting their sights on him, but also an audience and question panel hostile at every level to the AfD. In fact, at least one audience member has been identified as a politician running for the far-left Social Democrats (SPD) and another tied to the Left Party.

With the AfD potentially scoring an absolute majority in the state, all stops are being pulled out to keep the party out of power. The AfD must win an absolute majority or it will almost certainly be kept from power, with only the BSW signaling they may allow Siegmund to be elected president of the state if push comes to shove. Currently, the party is polling at 42 percent, which means just a few points will make all the difference.

As Welt notes in a piece entitled “Everyone against the AfD,” the entire MDR debate became a farce, noting that the audience members chosen to direct questions to the candidates appeared carefully selected by the state broadcaster.

“Nineteen people then had the opportunity to do so on the program, including several pensioners, students, teachers, local politicians, a queer activist, and a refugee from Syria. People who had little or no opportunity to speak: people who stand on the assembly line, on the construction site or in the shop every day, skilled workers, craftsmen, entrepreneurs, creatives,” wrote Welt.

Now, it is being reported that the audience member who said he fears attacks from right-wing extremists is tied to the Left Party.

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It is cardiac arrest time for the German sclerotic political status quo.

Even in Mecklenburg-Vorpommern, the numbers are continuing to rise ahead of the state election: The AfD is now at 36%, the CDU trailing far behind at just 10% anymore. The people want the political turnaround!

And there are too few workarounds left available for the Merz and Co. spazzouts to try to fend off the incoming populist wave legitimately.

Drastic measures are on the table so these people can remain in power. 

Yes, all of this might well be necessary and justifiable for the defense of the country...

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...Significantly broader authorities are to be granted to the Federal Intelligence Service (BND). 

Access to IT systems including mobile phones, laptops and networked household devices is to be permitted. Content data may be retained for up to six months and metadata for up to twelve months. 

Easier sharing of intelligence with domestic security agencies and the Bundeswehr is also provided for. In cases of threats, active measures such as online searches, interference with IT systems, infrastructure sabotage or the shutdown of servers linked to state-sponsored hackers and disinformation actors would become possible. 

Analysis of the resulting data volumes is to be automated through artificial intelligence, while oversight of the intelligence services is to be concentrated in a single authority.

...but it sure doesn't hurt when it's your cushy power trip on the line either.

All Merz had to do to avoid this was to keep three or four of the easiest campaign promises, and he wouldn't even have had to do it well.

Instead, he's reneged on every one, some of them even before he officially became chancellor, and the German people are over it.

Should these pass the Bundestag, the constitutional challenge will be epic.

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