The Federal Constitutional Court has ruled that the domestic secret service violates the principle of separation. The legislature should therefore amend the law
The German Federal Office for the Protection of the Constitution (Bundesamt für Verfassungsschutz) is no longer allowed to pass on secretly collected data on individuals to police authorities as it pleases. This is stated in the written version of the judgement of 28 September, which was published today on the website of the Federal Constitutional Court (Ref. 1 BvR 2354/13).
According to the ruling, the practice violates the principle of separation between the secret services and the police, which is considered a German legal principle after the experiences with the Gestapo under National Socialism. „German secret service law does not have to go into the shredder“ weiterlesen
Once again, a domestic secret service has used a photo without asking the rights holders for permission. In the Freiburg case, this also discredits journalism. The interference of the agency in the formation of political will is also critical.
The popular Radio Dreyeckland was successful with a warning against the State Office for the Protection of the Constitution in Baden-Wuerttemberg. Without asking for the necessary permission, the domestic secret service had used a picture to illustrate an article and must therefore pay €1,500. This was confirmed to netzpolitik.org by the Berlin lawyer David Werdermann, who represents the Freiburg-based radio station.
The warning was about a picture by freelance journalist Julian Rzepa that Radio Dreyeckland had previously published on its website. It shows a demonstration on the occasion of a house eviction on 11 December 2021 in Freiburg city centre. At www.rdl.de it was clearly marked „all rights reserved“. „Copyright infringement: Radio Dreyeckland issues a warning to secret service“ weiterlesen
The Greek secret service spied on at least one journalist, today its head resigned. In addition, the prime minister’s secretary-general quit his post. The affair reaches the EU level after a current MEP was also spied on.
The Greek wiretapping affair involving the „Predator“ spy programme is widening. According to media reports, Grigoris Dimitriadis, the Secretary General of the Prime Minister Kyriakos Mitsotakis, resigned today. Today, his office writes that the head of the secret service, Panagiotis Kontoleon, has also submitted his resignation.
The association „Reporters United“ had previously reported how a network of companies with the participation of Dimitriadis was making money from state operations of the spyware. Intellexa, the company that distributes „Predator“ in Greece, is part of this. The revelation is also explosive because the two are relatives: The Secretary General is the nephew of the Prime Minister, who in turn is directly responsible for the secret service as a user of „Predator“. „Resignations over „Predator“ spyware scandal in Greece“ weiterlesen
The German linksunten.indymedia, founded in 2008, was banned under the Associations Act, and the entire technical infrastructure and funds of a left-wing center were confiscated. Seized storage devices apparently could not be decrypted.
Almost five years after the ban of linksunten.indymedia, the German public prosecutor Manuel Graulich has closed a preliminary investigation for the formation of a criminal organization (§ 129 of the German Code of Criminal Procedure), writes Antifa Freiburg in a post on its website. Accordingly, the decision was already made on July 12. The Freiburg lawyer of those affected, Angela Furmaniak, confirmed the information.
On August 25, 2017, and thus shortly before the Bundestag elections, the then Federal Minister of the Interior Thomas de Maizière (Christian Democratic Union, CDU) had announced the ban and declared the Internet platform to be an „association“. This meant that the law on associations could be applied, which, compared to the Telemedia Act, has significantly fewer requirements for a ban. The lawyers of those affected call this a „legal trick“. „German Investigations dropped: Indymedia platform was not a criminal association“ weiterlesen
Associations of foreign nationals are kept in a central register in Germany. Members of Kurdish foundations are subject to special surveillance. However, a corresponding decree from 1994 can not be found anymore.
The German Federal Office of Administration (BVA) transmits data on Kurdish associations to the police and secret service without any reason. The background to this is a 1994 decree by then Interior Minister Manfred Kanther (Christian Democrats) to prosecute the Kurdistan Workers‘ Party (PKK), which had been forbidden in Germany a year earlier.
However, there is no legal basis for this nearly thirty-year-old practice. This is confirmed by an expert opinion of the Scientific Services in the Bundestag, which was commissioned by Gökay Akbulut, a member of the Left Party. Akbulut commented that this was a „blatant breach of law and politically intolerable“. „German police and secret service: Transmission of Kurdish association data is illegal“ weiterlesen
A radical right-winger has been arrested in Slovakia for using self-printed weapons and explosives. Investigators on the phenomenon met in The Hague three weeks ago.
Together with foreign police and intelligence services, officials in Slovakia have arrested a right-wing extremist who allegedly distributed instructions for 3D self-printing weapons and explosives. The man is described as dangerous and is currently in pre-trial detention awaiting further proceedings.
In addition to the Slovak police and criminal investigation department, the country’s military intelligence service was also involved in the investigation. Because the crimes involved cross-border organized crime, the Czech police cooperated as well.
Raids subsequently took place in Slovakia on May 11 and in the Czech Republic on May 23. In the process, law enforcement officials said they discovered a „sophisticated 3D printer“ and electronic devices that are currently under investigation. „Europol warning: Right-wingers equip themselves with 3D printed weapons“ weiterlesen
Following the decision of the EU interior ministers, the new Europol law will come into force in June. The police agency will thus receive new areas of responsibility and powers.
Comparatively quickly, EU member states and the Parliament have launched a new Europol regulation. Once set up to fight drug trafficking, the agency is being given even more powers. However, the agency in The Hague is still not a „European FBI“.
At the end of 2020, the Commission had presented its proposal for the new regulation; in May this year, the three EU decision-making bodies agreed on a final version. After the Parliament, the EU interior ministers also confirmed the final version last week. Now only the publication in the Official Journal is missing, then the new law will apply. „New regulation: Europol becomes the Big Data police“ weiterlesen
With silent SMS, cell site analysis and IMSI catchers, authorities can pinpoint the location of a mobile device to within a few metres.
Last year, the German Federal Criminal Police sent about 68,000 silent SMS in 33 cases (one of which was a danger aversion case), which is a significant increase compared to preceding years. The Federal Police sent around 48,000 silent text messages in 56 criminal proceedings, which is roughly the average of past years. This is stated in the answer to a parliamentary question by the Left Party in the Bundestag. „Germany: Mobile phones as a tracking bug“ weiterlesen
The German Bundestag passed new wiretapping laws for secret services and the Federal Police
In future, German secret services will be able to remotely access private computers or telephones with spy software. They will be allowed to intercept not only ongoing but also „inactive“ communications, i.e. to read out data stored on the devices. This was decided in the Bundestag today with the votes of the ruling coalition of Conservatives (CDU/ CSU) and Socialdemocrats (SPD). The vote was on a „Law on the Adaptation of Legislation on the Protection of the Constitution“, which is intended to facilitate the „reconnaissance of serious threats to our democratic constitutional state“. „Germany: Trojans for all“ weiterlesen
The Schengen Information System allows alerts to be issued for „discreet checks“; the persons concerned should not be informed of this if possible. The number of these Article 36 searches has been increasing significantly for years. French and British police and intelligence services are mainly responsible for this.
The number of secret alerts in the Schengen Information System (SIS II) rose sharply last year as well, writes the German Federal Ministry of the Interior. This is possible according to Article 36 of the SIS II Council Decision, which enables alerts to be issued for „discreet checks“ or „specific checks“. If the persons concerned are found within the Schengen area, they are reported to the authority issuing the alert. National police laws also permit such measures, but not across borders. „Again strong increase for secret searches in Europe’s largest police database“ weiterlesen