Federal Trojan: BND to be allowed to enter apartments to install spyware

The Federal Chancellery is pushing ahead with a comprehensive reform of the law governing the Federal Intelligence Service (BND). The aim is to upgrade the foreign intelligence service technologically and operationally. This is reported by WDR, NDR, and Süddeutsche Zeitung. A core element of the initiative is reportedly the authority for agents to physically enter apartments to secretly install spyware such as the Federal Trojan directly on the IT systems of targeted individuals. This is intended to help overcome technical hurdles such as encryption and the isolation of end devices. This reflects a trend that is emerging at the state level: The Berlin House of Representatives recently decided: The police there are allowed to secretly enter apartments to place state Trojans.

The planned introduction of "operational follow-up measures," which would authorize the BND to carry out sabotage abroad, is also controversial. Until now, the agency's work has been limited to gathering information and preparing it for political decision-making. According to the plans, the service should be allowed to act independently to weaken the offensive capabilities of opposing actors. This ranges from disrupting enemy communication networks to neutralizing weapon systems through targeted cyber operations. In the case of cyberattacks on German targets, the BND will reportedly be allowed to actively strike back as part of the controversial "hackbacks." For example, spies would be allowed to redirect data streams or directly attack the IT infrastructure used for the attacks abroad themselves.

Sabotage not only in cyberspace

The draft provides for BND employees to be allowed to physically manipulate enemy devices or weapon systems. This could include the sabotage of missile technology or centrifuges to prevent their use or transfer in crisis states. The Chancellery is also relying on modern analysis tools: the use of AI for data evaluation is to be anchored, as is the use of facial recognition software. The service could also, in the future, retrieve location and route data directly from vehicle manufacturers or workshops. For these far-reaching powers to take effect, the National Security Council would first have to declare a special situation describing a systematic threat to the Federal Republic. The BND would thus operate in a gray area between classic espionage and military defense.

Overall, the draft comprises 139 paragraphs, which corresponds to a doubling of the previous body of norms and underscores the ambition of the reform. The BND would thus also be allowed in the future to defend against suspicious drones over its properties with "suitable means." The Chancellery emphasizes that it must keep pace with the capabilities of international partner services such as the NSA to remain capable of action in a changed global situation. While the requirements of the Federal Constitutional Court on data transmission are to be implemented, the focus is on an offensive orientation. With the mix of physical infiltration, digital sabotage, and AI surveillance, the government headquarters wants to position the intelligence service as a powerful instrument of a "more hands-on" security policy. First, however, the other ministries must agree so that the parliamentary procedure can begin.

(vbr)