Germany’s intelligence services are set to receive new powers to actively counter espionage, terrorism and cyberattacks under a sweeping reform aimed at strengthening the country’s response to growing hybrid threats from Russia.
The federal cabinet has approved a draft law put forward by Interior Minister Alexander Dobrindt of the conservative CSU. The legislation would significantly expand the powers of both the Federal Intelligence Service (BND), Germany’s foreign intelligence agency, and the Federal Office for the Protection of the Constitution (BfV), the country’s domestic intelligence service.
Until now, German intelligence agencies have largely been restricted to gathering information. Under the more than 700-page draft, they would gain what the government describes as “limited powers of intervention.”
Martin Jäger, the head of the BND, had previously argued that Germany needed to demonstrate its ability to respond to hostile operations in kind, saying it must show that it can carry out similar measures so that “the other side feels the pain” as well.
Hackbacks to be permitted
One of the most significant changes would allow the BND not only to penetrate foreign IT systems but also to redirect data as part of efforts to defend against cyberattacks.
The legislation would effectively permit so-called “hackbacks” — measures designed to disrupt or disable an attacking system. In practice, that could include a retaliatory cyber operation against a Russian drone factory, for example.
Germany’s domestic intelligence service would also receive broader powers to actively track and counter spies and terrorists.
Under the draft legislation, BfV officers could secretly access the computers and mobile phones of people under investigation. Rather than simply monitoring their communications, authorities would in certain circumstances be able to conduct a much more comprehensive search of the devices.
Counterintelligence officers could also enter a property covertly to replace components that could be used to make explosives with harmless substances.
New oversight body
The reform would establish an expanded Independent Control Council as the central oversight body for the intelligence services. The council would consist of lawyers with extensive professional experience.
It would be responsible both for approving particularly intrusive surveillance measures in advance and for conducting ongoing data-protection oversight.
The legislation must now be passed by the Bundestag. The Bundesrat, Germany’s upper house, could subsequently refer the bill to the mediation committee, although it does not require the Bundesrat’s formal approval to become law.
Reform comes amid growing Russian hybrid threats
The overhaul comes against the backdrop of a foiled drone attack at Leipzig Airport. It remains unclear whether Russia was behind the incident, although investigators have reportedly found indications pointing toward Moscow.
German authorities have increasingly warned that Russia is waging a more aggressive form of hybrid warfare across Europe. Since Moscow’s full-scale invasion of Ukraine in 2022, Germany and other European countries have reported a growing range of hostile activities, including cyberattacks, disinformation campaigns and acts of sabotage.
Dobrindt has repeatedly said in recent months that the BfV needs to become a “real intelligence service” in response to the growing threat posed by espionage, sabotage and potential attacks.
German intelligence agencies currently have considerably fewer powers than their counterparts not only in the United States but also in several other European countries.
Concerns over intelligence-police divide
The proposed expansion of intelligence powers has also drawn criticism.
Opponents of the reform fear it could weaken Germany’s longstanding principle of maintaining a strict separation between the responsibilities of intelligence agencies and those of the police.
The debate is likely to intensify as parliament considers how far Germany should go in giving its intelligence services the ability to actively disrupt hostile operations, rather than simply monitor and document them.
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