German intelligence agencies discuss ongoing espionage and hybrid challenges
May 6, 2024 Leave a comment
THE 5TH SYMPOSIUM ON the Law of Intelligence Services (Symposium zum Recht der Nachrichtendienste) took place in Berlin, Germany, on March 21-22. In view of the public criticism that German intelligence agencies have faced in recent times, it was probably a relief for their officials to be able to talk more-or-less among themselves for once.
The event (see agenda in .pdf) was organized by the Federal Ministry of the Interior and the Federal Chancellery Office. This year’s topic was: “Intelligence Agencies and Armed Conflicts”. It included the tried and tested mix of academics —predominantly legal scholars—, practitioners and heads of various government authorities. The majority of the external experts discussed the complicated and, in Germany, arduous parliamentary procedures that would arise in the event of a war.
In view of the controls increasingly being placed on German intelligence agencies by various bodies and authorities —which were also represented at the symposium— a certain discrepancy became apparent repeatedly in the presentations: How can the German intelligence agencies react adequately and quickly to hybrid threats when these types of threat do not concern themselves with administrative-legal subtleties and parliamentary procedures? Although the concept of hybrid threats was generally taken for granted and therefore hardly discussed in terms of content, those present agreed at a minimum that disinformation is part of it. All the more worrying was the statement by one speaker who explained that there was no official definition of disinformation within the German security authorities’ legal codes.
In the discussion, the panel moderated by Center for Intelligence Service Training and Further Education (ZNAF), the common training and study location of the Federal Intelligence Service (BND) and the Federal Office for the Protection of the Constitution (BfV), clearly stood out and underscored that this relatively new institution has made a name for itself in the academic intelligence landscape since its establishment in 2019.
However, the symposium also showed that the German security bureaucracy tends to reach its limits when it comes to current developments in the unconventional domain. This was demonstrated, for example, by a speaker’s demand that hybrid risks ought to be assigned to a “state area of responsibility”. The problem, however, lies precisely in the statelessness of hybrid risks. The existing regulations are also proving to be counterproductive, in view of the challenges: there would simply be highly heterogeneous participants in the so-called Cyber Defense Centre, which would also include police authorities. However, due to the strict separation in the legal domain, personal data cannot simply be passed on from the BND to the Federal Police, for example. Read more of this post
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