German Federal Intelligence Service BND Violates Laws And Constitution
netzpolitik.org
netzpolitik.org
In a similiar argument, internet exchange points in Frankfurt are declared "effectively outside Germany" and therefore fair game.
If you find that interesting, at last year's 32C3 they had a fun renenactment of some abstruse scenes full of such things[0] from the parliamentary investigation committee on the NSA and its cooperation with the BND (which itself is not filmed publicly). English interpretation is available. https://media.ccc.de/v/32c3-7225-grundrechte_gelten_nicht_im...
To anyone German-speaking[1] in Berlin I can recommend visiting a session of the committee. It's really illuminating to see those intelligence agents trying to save their face firsthand. https://www.bundestag.de/bundestag/ausschuesse18/ua/1untersu...
[0]: Did you know that US intelligence interrogated refugees in Germany on "the bread supply situation" in their home countries and used Google Maps for that?
[1]: Sometimes they have English-speaking witnesses. This week it's people from the ACLU but they also had an US drone pilot and a Verizon executive in the past.
This is why it's so critical to have an oversight committee with deep knowledge of everything that's going on within the agency, regular audits, and a willingness to actually act as supervisors in favor of the law - NOT the agency.
That should be their job. Unfortunately, virtually all such committees tend to act more as cheerleaders for the spy agencies than actual supervisors meant to hold the agencies accountable.
Every. Single. One.
It's just too easy for them not to. The incentives are stacked against them to keep the law. There are too many internal controls that are necessary to pass in order to obey the law, so just like in any other human endeavor, management will follow the path of least resistance. They are protected by national security / classification law from anybody finding out. If it leaks anyway that they broke the law? Nobody will be fired or sent to jail, and the whistle-blower will be tried for treason for leaking classified information.
If we, as citizens, abhor this behavior - we must fix the incentives. There is no other way.
For example, Snowden didnt even have access to Tao or high level projects thanks to compartmentalization. Who knows how much deeper this stuff goes. I'd imagine we only got access to the low-hanging fruit of the NSA operations. The real dirty stuff would be in the CNE departments where they get total control of whomevers machines they want.
If there are long-term interests/plans and these are games like those played by the CIA, then at least let the public know about this little detail and argue for keeping it confidential and excuse collateral damage. I won't condone it, but it would be an explanation, if it's not brought forward on every 2nd incident.
That said, I do have respect for the foot soldiers in the force, just as I do for hospital staff.
Yes, "it may". German agencies are famous for "isolated incidents". It's only a matter of definition what's to be called "isolated".
Those isolated incidents reach back even to the "Operation Gehlen"[0], the predecessor of the BND which was founded in 1946. One could say that the history of German agencies is the history of isolated incidents. While this may hold true for intelligence agencies all over the world, the historic ties leave a very bad taste regarding right-wing-terror in Germany. The "National Socialist Underground" (NSU)[1] was only the tip of the iceberg.
[0] https://en.wikipedia.org/wiki/Gehlen_Organization [1] https://en.wikipedia.org/wiki/National_Socialist_Underground
It’s been quite obvious in the past years that the only part of the state the people trust is the court system.
Conspiracy theorists might see the War on Terrorism as a premeditated concoction to justify massive state surveillance, since it's about everyone's justification. That's silly though. We all know they just took advantage of an existing situation, right?
My favourite example is that in the early 90's, while I was politically active for a period, I met a number of interesting characters, including the ex-editor of a tiny Norwegian communist newspaper. He told me about how he for many years had intelligence agents come up to him on the street to crack jokes about conversations he had with his wife in his own home. While that was outright bugging of his flat, it was part of a many decades long illegal surveillance operation covering pretty much everyone on the political left in Norway (well, to the left of the social democrats who started it) regardless of whether or not they were involved in anything at all.
It was finally rolled up in mid 90's, after the police and parliament had spent several decades ignoring reports from victims of it and insisting that kind of thing didn't happen.
Conspiracies aside, the term for this is a false flag operation: https://en.m.wikipedia.org/wiki/False_flag
Given intelligence agencies like the CIA even do this internally to others within the agency, anything is possible: https://www.google.com/search?q=cia+eyewash
Let this roll around on your tongue for a moment. This is kind of like robbing a bank and then saying you really needed the money.
That's a radical idea, but it has started to gain some popularity: http://www.huffingtonpost.com/entry/stealing-food-not-a-crim...
Most of our laws that exist at extremes (no torture, Geneva Convention) exist as a reaction against what did happen the last time a stressful situation was lawless, and a rational check against the next time stress brings up a possible irrational reaction.
Stealing food should always be a crime - it let's us then consider the circumstances surrounding the action, and forgive the crime. (This is the basic argument against mandatory sentencing. It removes empathy, which makes us less than human.)
Though of course their overreach should be questioned
Everyone was surprised with US spying but honestly, why isn't every country trying to or actively doing that too?
This is how secret services always worked since they exist, yes even in democratic countries.
Intelligence agencies have to obey the law, just like every other government agency. We can make exceptions for them within the law, but that has to go through the usual legislative processes. If they just ignore our laws that's a problem we should attempt to fix.
Life is not a movie set.
Out laws are there for a reason: we want the state to run the intelligence service, not the other way around.
In single, extreme cases I can see occasional violations being tolerable. But here we're talking about systematic violations, which are not tolerable on any level.
when was the last time a citizen benefitted from the surveillance of people not suspected of any crime?
if we know abuses are inevitable and will be hidden from us, why not slash their funding/imprison them/restructure their activities to be too compartmentalizad to hurt the public in this fashion?
It only works in movies.
Those terms have very different meanings depending on the country and social level of the ones doing it.
or something.
They never did and they never will, regardless of the country.
As such they need a group able to work without scruples outside what the public think as acceptable, so that certain criminals that would never by caught playing by the book, do get caught.
Also no government is going to publically tell the others what is their official agenda.
Again, you need the sort of people able to do the right set of questions.
Yes I am harsh, but real life is harsh. Not all of us get to live in movie sets were the good guys always win at the end.
we never get any evidence of this happening, so i'm going to say "citation needed". we also don't get any oversight regarding who they decide are criminals.
>Not all of us get to live in movie sets were the good guys always win at the end.
starting from the assumption that the intelligence agencies are the good guys is very much from a movie set... these agencies exist to effect the will of the state against arbitrary targets by way of power. there's no moral content there until they actually act.
No. By this reasoning "we are all murderers."
A democratic system means that 51% of the people can legally deprive the other 49% of basic liberties.
That's an implementation quirk of some democracies, not an inherent feature. Even worse: in first-past-the-post systems like the US and GB you can elect 51% of the representatives with far less than 51% of the people.
On the other hand, "basic liberties" are usually protected by some for of constitution that requires 66% of representatives to change. Sometimes protections are even more extreme: Germany is considered democratic, but its constitution contains two articles that can not be lawfully changed, no matter how large the consens (one about basic rights, one about the form of government).
Democracies can have arbitrarily strong protections for minorities and basic liberties, there is no requirement for democracies to be governed by simple absolute majorities (and few if any are).
It doesn't change just because you don't like it. American citizens, pro- and anti- the American state, nevertheless gain their protections as citizens from participating in that state, large and small. Citizens are responsible for their governments, who have no powers otherwise.
And we all know: the corruption of government begins with its secrets. That we, citizens, are unwilling to deal with the secrets that corrupt us all, is very telling in this day and age ..
I don't see how people can be equal if some are taxed and the money is given to others.
I know you must be thinking that "equality before the law" is just to have a clear law like "everybody will be taxed if they meet so and so requirements" and apply that to everybody, but consider that a law could be written in exactly that same way, but instead saying "every people will be taxed if they are black". The distinctions the law make are arbitrary.
You know how your government keeps convincing you of the supremacy of the "rule of law" and how "nobody is above the law", etc., etc... I think it's beyond obvious to anyone with half a brain that these are boogie-monster fairy tales.
When most people speak of law, what they mean is "rules that everyone must follow". When the lawmakers speak of law, they mean "rules we've been told to make everyone follow". Of course, the people and entities that these laws come from are above the law almost by definition. The amount of hypocrisy surrounding "justice" systems around the world is tremendous - it has always been. But people mostly like it this way - it's worked for a few thousands of years and is likely to work for a few thousand more.
There are two sets of laws. One for lawmakers, the ultra-wealthy, politicians, judges, military, and cops (the protected class who can carry weapons); and another one for you and I.
Stating that the constitution is bogus does not imply that we shall throw it out, but that we shall fix it. the NSA should not violate the law to make its job. Maybe the law shall be fixed, maybe behavior of the NSA shall change, probably both.
Our sun can't go supernova.
NO, supernova would be so much more spectacular. At least it might give a standard candle for others observing this galaxy, become a measuring stick for the universe, and spill some heavier elements for whatever comes next.
--
Should privacy laws end where atmosphere of our planet ends? If the Outer Space take of Bundesnachrichtendienst is true, we would be for an overhaul of quite few laws once more humans get beyond law earth orbit.