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Germany Weighs Expansive BND Powers for Hacking and Internet Surveillance

An internal Chancellery draft ties the new authorities to a National Security Council trigger requiring supermajority oversight.

Overview

  • The Chancellery is circulating a draft to overhaul the BND law that is in inter-ministerial consultation with no set timetable for cabinet submission.
  • The proposal would authorize offensive measures such as hackbacks, covert entries to install spyware, access to vehicle location and route data, and limited permission for certain offenses abroad.
  • At the DE-CIX node, the BND could analyze communication contents and retain intercepted data for up to six months, with searches across emails and chats covering roughly 30% of traffic in scope.
  • Activation of the new tools would require a declaration of a special intelligence situation by a National Security Council and a two-thirds approval by the Parliamentary Control Panel.
  • The government cites hybrid threats and a push for strategic autonomy from U.S. intelligence as the rationale, while civil-liberties groups flag privacy risks and press-freedom concerns.