The reform provides for active cyber attacks and sabotage, with Interior Minister Alexander Dobrindt calling it a security revolution. The opposition warns of historical reasons for the strict separation of powers.
The German government decided on Wednesday to undertake a radical reform of its intelligence services, which for the first time since World War II will allow them to take active measures, including cyber attacks and sabotage. The draft law, spanning more than 700 pages, fulfills long-standing demands from the Federal Intelligence Service (BND) and the Office for the Protection of the Constitution, which had warned that Germany was lagging behind its allies operationally.
Interior Minister Alexander Dobrindt (CSU) called the move a security revolution. "We are turning our intelligence services into true secret services. It is high time we positioned ourselves to be competitive and on par with our partner services worldwide. This requires operational capabilities and active powers to more effectively combat modern state terrorism and extremist groups," Dobrindt told the Bild newspaper.
The move comes after Germany experienced two serious security incidents in just one month that exposed significant shortcomings in the protection of its citizens. Nina Warken (CDU), head of the Chancellery and coordinator of intelligence services, emphasized the need for independence. "Germany cannot permanently rely on the support of partner intelligence services," Warken said, adding that German services are "lagging behind" their European partners.
The new law radically changes the operational capabilities of German agents. Instead of the previous exclusive focus on intelligence gathering, the BND and the Office for the Protection of the Constitution will be authorized to conduct active cyber attacks, including manipulating or completely deleting attackers' data. Agents will be able to secretly alter instructions for weapons production by adversaries or technically disable weapons during the production process.
These powers include destroying IT systems, deleting data, and conducting sabotage activities, and they apply beyond Germany's borders. However, German intelligence agencies will still not be allowed to target individuals in foreign countries, distinguishing them from agencies like the CIA, Mossad, or France's DGSE.
The announced reform has drawn sharp criticism from the opposition, primarily due to blurring the existing boundaries between secret services and the police. Wolfgang Kubicki, leader of the Free Democratic Party (FDP), warned: "The strict separation of powers has its historical reasons."
Marc Heinrichmann, chairman of the Parliamentary Control Committee, is convinced that the new reform package is in line with the constitution. Germany, especially since the start of Russia's attack on Ukraine, faces a growing number of cyber attacks and acts of sabotage. The BND, which celebrated its 70th anniversary this year, is receiving significantly broader powers, and the draft law still needs to be passed by parliament.
