Allied Services (II)

"The Americans were Asked"

The German weekly, "Der Spiegel," recently republished excerpts of one of its articles from a February 1989 edition,[1] according to which, West German intelligence agencies had been informed already in the late 1980s of the comprehensive NSA espionage activities in West Germany. Regarding the NSA's wide ranging wiretapping, the report states that "West German intelligence agents have long since known that there is no telecommunication privacy." A high-ranking West German intelligence officer was quoted saying, he could "well imagine" that the NSA "was listening in on what the senate in Hamburg had to say to Bavaria's Minister of Interior."[2] Already back then, West German authorities were reaping benefits from this surveillance. NSA reports were repeatedly arriving at West German intelligence agency headquarters that experts could easily identify as tapped telephone conversation protocols, explains the article. This had already become common practice during Hermann Höcherl's 1961 - 65 incumbency as West Germany's Minister of the Interior. "We don't even have to engage" in eavesdropping, Höcherl is quoted as saying, "when we want to know something, we ask the Americans." Regarding the expansion of BND activities over the years, a US representative justified American surveillance activities in 1989, with, "why not, you have us under surveillance as well." According to historian, Josef Foschepoth, the secret legal basis for this cooperation in espionage is still in force today. (german-foreign-policy.com reported.[3])

"Don't Stick Your Neck Out So Far"

A few days ago, BND President Hans-Georg Wieck confirmed that the German Federal Intelligence Agency does not operate so fundamentally different from the NSA or the British espionage organizations. "We, ourselves, as the BND, are engaged in doing the same things abroad" Wieck declared last week. "That is no more illegal than other intelligence gathering activities."[4] For example, the so-called G-10 law [5] establishes that, in cases of serious threat to the Federal Republic of Germany, cross-border data transfer is to be kept under surveillance, therefore, hubs of the telecommunication providers working in Germany for cross-border communications are to be tapped. "The German BND has already laid its direct lines to grid providers with lines to the outside world," explained Klaus Landefeld, to "the board infrastructure and the network" of the "Association of the German Internet Industry (eco)." "Therefore, German authorities should not stick their necks out too far, on the Prism issue."[6] The Telekom, Vodafone, Telefónica and Verizon are the companies operating foreign communication hubs.

Dragnet vs. Harpoon

Immediately following Wieck's statements that BND activities do not essentially differ from the activities of the currently incriminated US and British intelligence agencies, various articles have appeared in the German media, seemingly attempting to relativize this statement. According to these articles, one can compare the Anglo-American activities to using a dragnet, while the BND deals in targeted fishing. Rather than fishing indiscriminately in the ocean of data, the BND searches for keywords, which is why it is in a position to be more precise in its catch, and avoid unnecessary bycatch. This could be comparable to fishing with a harpoon. BND sources, claiming that the amount of communication data collected is sinking, are being quoted as confirmation.[7] Even if this should prove to be the case, it must still be noted that the keywords must be filtered from the entire transfer of telephone and internet communication data. In other words, spying is not avoided, it is but merely shifted. Not at all clear, on the other hand, is the international division of labor with the allied agencies and the BND's special role, which can evidently rely on the catch from their "dragnets" of the "allied agencies."

Governments under Surveillance

One of the BND's special fields of responsibility is the internet espionage of official bodies in targeted countries. Already back in 2009, Arndt Freiherr Freytag von Loringhoven, assistant president of the BND, confirmed that "in 90 cases" the agency had used Trojans to spy on hard disks in foreign countries - including Afghanistan and the Congo. Not only were private enterprises affected, but "political institutions" and government agencies as well. In 2,500 - otherwise not more closely described - cases, attempts were made to enter email accounts.[8] Recently, BND President, Gerhard Schindler was more concrete about BND practices, saying that the BND spied on the Afghan government under direct orders of the German Chancellery.[9] Thereby, the agency intercepted emails of a German journalist a few years ago, who had corresponded with the Minister of Trade in Kabul, even though spying on German citizens by the German foreign intelligence agency is explicitly forbidden.[10] According to Schindler, also Syria is included in the BND's internet espionage. This again raises the question of the extent of German involvement in the war. After all it is known that the espionage agency shares its intelligence with "allied services" and, therefore, also with their cooperation partners.[11]

An Infraction Suffices

The NSA scandal arrives at a very disadvantageous time for the BND, because it broke right at the time the BND was seeking to expand its internet surveillance capabilities. It is demanding a 100 million Euros budget increase over the next five years - of which the government has already accorded 5 million. According to one report, the BND's "technical intelligence department" will receive 100 new employees, as well as enhanced computers and magnified filing capacities.[12] It is convenient that the new telecommunication law came into effect on Monday (July 1). This law permits the authorities, under certain conditions, to access so-called inventory data - data including names, addresses, IP addresses, personal code numbers as well as passwords of a terminal's owner. Whereas previously, this data could be accessed only in cases of serious crimes, now a mere infraction will suffice.

Only Rudimentary Control

Critics have questioned the effectiveness of official controls on the intelligence services, controls that are regularly emphasized by the authorities. This is not only the case for the domestic intelligence agencies that have been embroiled in the current neo-Nazi "NSU" scandal, for example, for having shredded numerous files before they could be turned over to the competent commissions of inquiry and courts. (german-foreign-policy.com reported.[13]) The German parliamentarian, Hans-Christian Ströbele (Green Party), who has been a member of the Parliamentary Control Committee since 2002, has explained that, from his experience with the BND, "parliamentary control is only rudimentarily possible. By our control measures, we have very seldom uncovered scandals, aberrations or worse."[14] Nevertheless, not even this rudimentary parliamentary control of intelligence agencies is assured. In September 2009, former Minister of the Interior, Wolfgang Schäuble, called for disbanding the control mechanisms.[15] The reason Schäuble gave was that "allied services" often have "misgivings" as to whether their cooperation and information transfer to the BND, as well as to other German espionage agencies will "really remain confidential." Schäuble let it be known that this objection must be taken into consideration.

Further information can be found here: Allied Services (I).

[1] NSA-Lauscher: Das konnte doch keiner ahnen! Oder? www.spiegel.de 02.07.2013
[2] NSA: Amerikas großes Ohr; Der Spiegel 8/1989
[3] see also Allied Services (I)
[4] Ex-BND-Präsident hält Prism für legitim; www.mz-web.de 25.06.2013
[5] Das "G-10-Gesetz" regelt, unter welchen Umständen die deutschen Geheimdienste das durch Artikel 10 des Grundgesetzes garantierte Brief-, Post- und Fernmeldegeheimnis außer Kraft setzen dürfen.
[6] Nutzer bereiten Geheimdiensten leichtes Spiel; www.tagesspiegel.de 25.06.2013
[7] So profitiert der BND von den NSA-Spähprogrammen; www.faz.net 27.06.2013
[8] Trojaner im Dienst; Focus 13/2009
[9] Der BND spioniert nur gezielt; www.mz-web.de 27.06.2013
[10] see also Lauschtechnik
[11] see also Verdeckte Kriegspartei and In an Alliance with the Dictatorship
[12] BND will Internet-Überwachung massiv ausweiten; www.spiegel.de 16.06.2013
[13] see also Von Spitzeln umstellt and Nicht nur Pleiten, Pech und Pannen
[14] Lizenz zum Lauschen: Spionage beim G20-Gipfel; www.dw.de 17.60.2013
[15] Bundestag bald ohne Geheimdienst-Kontrolle? www.handelsblatt.com 17.09.2009