The Bundestag has expanded the powers of the Office for the Protection of the Constitution. This allows it to read encrypted messages from messengers such as WhatsApp.
Germany – “Well-defended democracy needs effective protection of the constitution” – these are the words the German government uses to describe the amendment to the Constitutional Protection Act. The new law empowers the news services to monitor encrypted messages in the future – until now this was only possible with SMS or telephone (more news about digital on RUHR24).
| Federal Office for the Protection of the Constitution (BfV) | German domestic intelligence service |
| Headquarters | Cologne |
| founding | 7. November 1950 |
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WhatsApp and Telegram: The protection of the constitution can intercept messages in the future
First of all: Of course, the Office for the Protection of the Constitution or the BND are not allowed to simply read any messages. The messaging services are only allowed to monitor encrypted messages in special individual cases – and only if an appropriate order is given.
Specifically, the federal and state intelligence services are to be given extended powers to carry out what is known as source telecommunications surveillance (TKÜ). This is important for monitoring digital, encrypted communication, as is often done via the known messenger services. Because the messages are intercepted at the source TKÜ before they are encrypted.
Bundestag passes new law to better combat right-wing extremism and terrorism
The law that allows this source monitoring of corresponding apps such as WhatsApp was approved by the Bundestag on Thursday (June 10th). The declared aim is that “offenders can technically no longer evade investigation by choosing the means of communication.”
It goes on in that corresponding draft law to adapt the constitutional protection law: “The current challenges, especially in the area of international terrorism and right-wing terrorism, require an adjustment of powers in order to guarantee the clarification of serious threats to our democratic constitutional state and the free democratic basic order.” can be better combated.
Surveillance of mobile devices: Federal police are granted expanded powers
The federal police are also given corresponding powers to issue TKÜ. In the future, the federal police will also be able to monitor communication purely preventively – i.e. before a criminal offense has been committed.
Requirement is loud Draft law to modernize the Federal Policethat “this is done to avert an urgent danger to the existence or security of the federal government or a state or to the life, limb or freedom of a person or property of significant value, the preservation of which is in the public interest”. The identification and localization of mobile phone cards and devices by the federal police is also planned.
Federal Minister of the Interior: Amendment to the Constitutional Protection Act is long overdue
For the Federal Minister of the Interior Horst Seehofer (CDU) and parts of the Union faction, the amendment is a long overdue step, with which one only adapts to the current circumstances.
The President of the Federal Office for the Protection of the Constitution Thomas Haldenwang and Federal Interior Minister Horst Seehofer (CDU)
© Oliver Berg / dpa
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The domestic secret service was finally back to the level it was at before the invention of the Internet and mobile communications – when it was still enough to tap the landline phone.
The Federal Minister of the Interior explains:
The days of rotary telephones are long gone. The law is an overdue step in the fight against terrorists and militant extremists. We need a protection of the constitution that can see and hear even in the digital age.
State Trojan is coming – the law is heavily criticized
Despite these arguments: The new powers are highly controversial – also within the SPD. There is particularly sharp criticism of the surveillance software that is foisted on the eavesdropped to read their messages – the so-called state Trojans. The SPD federal chairman Saskia Esken criticized until the very end that such a “state Trojan” was a “fundamental interference with our rights to freedom”.
And the domestic political spokesman for the FDP, Konstantin Kuhle, criticized on Thursday (June 10) that it was “a black day for civil rights and IT security”. And his FDP colleague Stephan Thomae also fires against the law: “Your security policy is itself a security risk,” he accuses the federal government.
List of rubric lists: © Christoph Hardt / Geisler-Fotopres / dpa, Zacharie Scheurer / dpa; Collage: RUHR24
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