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Archive | Germany
Embarrassed German intelligence official trying to discredit Snowden
German intelligence mandarin Hans-Georg Maassen of the Verfassungsschutz has told the Bundestag’s NSA committee that it is “highly plausible” that whistleblower Edward Snowden is a Russian spy.
Obviously, it is very hard if at all possible to know if anyone is a Russian spy. There are even speculations about Chancellor Merkel (who is of East-German descent). But speculations are just speculations.
And when it comes to Maassen, he has some pretty strong incentives to smear Snowden — as the whistleblower’s revelations have left German intelligence with egg on its face.
One should consider the fact that Edward Snowden did not choose Russia as his refuge. The reason he is stuck there is that US authorities had revoked his passport, stranding him in Moscow when in transit. And because all relevant western countries (including Germany) have refused him sanctuary / asylum.
If the German government were to let him into the country, Snowden could be in Berlin pretty quickly. But somehow, I presume Mr. Maassen wouldn’t be all too happy about that.
For the rest of us, it would be of great value and importance to have the whistleblower out of Russia and cooperating with western democratic oversight bodies, e.g. the Bundestag’s NSA committee.
/ HAX
Link: Verfassungsschutzchef hält russische Agententätigkeit Snowdens für plausibel »
German court censors Böhmermanns Erdogan poem
By HAX on May 17, 2016 in affairs, Censorship, Civil liberties, Democracy, Freedom of Speech, Germany
A German court, Landgericht Hamburg, has decided that tv presenter Jan Böhmermann can not repeat parts of his infamous poem about Turkish President Erdogan.
The court finds passages in the text abusive and defamatory. Frankfurter Allgemeine reports that refusal to follow this ruling can lead to an administrative fine of up to 250,000 euros or administrative detention of up to six months.
Böhmermann now has the possibility to appeal against the verdict.
However, this is not the main trial. The Section 103 case will be tried by the Mainz Criminal Court at a later point.
Turkish President Erdogan has also applied for an injunction against Springer CEO Mathias Döpfner. This following Springers support for Böhmermann. The injunction is to be tried by the Cologne Landgericht. But this court has already indicated that it will not recognize the case. This can, in turn, be appealed against by Erdogan’s lawyers.
This is a can of worms.
The entire case is troublesome from a freedom of speech perspective. Especially as it also concerns freedom of the press and artistic expressions. And it gets outright awkward and absurd when German courts are deconstructing Böhmermann’s poem to decide what parts should be considered as acceptable humor and what parts should not.
There were, at one point, hopes that the German legal system would simply throw out President Erdogan’s complaints and make a firm stand for free speech. But now it seems as if the case will take a different turn.
What makes the case even worse is the fact that the German government allowed President Erdogan’s complaints on political grounds. Germany simply needs Turkey to stem the flow of refugees from Syria (and other countries). So much so that the government is prepared to put free speech on the line.
This will be a defining moment for German democracy.
/ HAX
• Gericht verbietet Teile von Böhmermanns „Schmähgedicht“ »
• Erdogan geht auch gegen Springer-Chef Döpfner vor »
Update:
• BBC: German court rules against comic Boehmermann over Erdogan poem »
Germany to abolish open wi-fi liability for users’ behavior
By HAX on May 11, 2016 in Big Entertainment, Copyright, File Sharing, Germany, Intellectual Property, Internet
Germany’s ruling coalition has decided to abolish the liability for users’ copyright infringements and other behavior when operating an open wi-fi access point. This weird and anachronistic liability has seriously hampered the organic net growth in Germany, and was recently challenged at the European level. The revised law is expected to take effect as early as this fall.
Falkvinge – Finally: Germany to abolish open wi-fi liability for users’ behavior »
Germany: Politician arrested for reciting anti-Erdogan poem at rally
By HAX on April 23, 2016 in Censorship, Civil liberties, Democracy, Freedom of Speech, Germany, Human rights
“During a rally supporting comedian Jan Boehmermann, Bruno Kramm, the head of the Berlin branch of Germany’s Pirate Party, was arrested for “insulting a representative of a foreign state” by quoting a line from the comic’s satirical poem slamming Erdogan.
German police arrested Kramm while he was conducting a “literary analysis” of the German comedian’s satirical poem in front of the Turkish embassy in Berlin during a protest held under the slogan “No Power for Erdowahn, Freedom Instead of Erdogan” [Keine Macht dem Erdowahn, Freiheit statt Erdogan], the Morgenpost newspaper reported.”
• Pirate Party’s leader detained in Germany for citing poem about Erdogan »
Germany, Snowden and Russia
By HAX on April 18, 2016 in BND, Civil liberties, GCHQ, Germany, Intelligence, NSA, Rule of law, Snowden, UK, US
Last Friday German magazine Focus ran an interview with the country’s two top spies — Gerhard Schindler, of the Bundesnachrichtendienstes (BND) and Hans-Georg Maaßen, of the Bundesamtes für Verfassungsschutz (BfV).
In short, they are annoyed that Edward Snowdens exposure of NSA mass surveillance puts Germany and the UK in an uncomfortable spot. They even implied that Snowden could have been acting under the influence of the Russian government.
“Leaking the secret service files is an attempt to drive a wedge between western Europe and the USA – the biggest since the Second World War,” Hans-Georg Maaßen, head of Germany’s domestic intelligence agency (Verfassungsschutz), told Focus in the double interview.
The translation above from The Local.de. This has gained some attention in the media and Western military circles. So, let’s take a step back and try to look at the wider picture.
Yes, it is a problem that very little is known about mass surveillance carried out by e.g. Russia and China. But you cannot blame Snowden for this. He worked for a contractor to the NSA and leaked what he found to be unacceptable violations of civil rights. Furthermore, the NSA is an intelligence organisation in a democratic country; that should be held responsible under the rule of law. It is not a level playing field. But our western democracies are better than authoritarian and totalitarian states – and our authorities should be held accountable according to a higher standard. Especially when they spy on their own citizens.
Yes, it is a problem that Edward Snowden is stranded in Russia. But that does not make him a Russian spy or mouthpiece. The reason he is in Moscow is: 1) When he arrived there for transit, the US had revoked his passport. 2) No western democracy is willing to grant Snowden asylum. If German authorities are willing to grant him shelter and protection – he can be in Berlin pretty quickly, where a parliamentary inquiry would love to meet with him. (However, I don’t think German intelligence services are all too keen about that prospect.)
And naturally Germany and the UK are being criticized. They deserve to. German intelligence has been spying on companies, businesspeople, and political figures in Germany and allied European nations on behalf of the NSA. And they have lied about it in front of German parliamentarians. In similar ways, the British GHCQ have been acting far beyond its mandate. Both countries are close allies with the US and both countries intelligence authorities have a close cooperation with the American NSA. So, it is not the least strange that German BND has come under scrutiny. But they can blame no one but them selves.
But OK, no one can tell for sure if Snowden is a (knowing or unknowing, willing or unwilling) Russian spy. But that does not alter the fact that his revelations have huge implications for how our democratic societies are run. It is extremely important that this information has come to the public’s knowledge. To defend a free and open society, we must stick to democratic principles, rules, and legal frameworks.
The best, easiest and most decent thing would be to grant Edward Snowden asylum in Germany – and let him testify in front of relevant parliament committees. But I guess that will never happen.
/ HAX
• The Local.de: German spies imply Snowden leaked files for Russia »
• Focus: Doppel-Interview mit Gerhard Schindler und Hans-Georg Maaßen: Kreml versucht den deutschen Bundestag zu infiltrieren – Russen treiben mit Hilfe des Whistleblowers Snowden einen Keil zwischen Westeuropa und den USA »
The normalisation of mass surveillance
By HAX on December 28, 2015 in Big Brother, Big Government, BND, Civil liberties, Data Retention, Democracy, EU, Germany, Human rights, Intelligence, NSA, NSA & Snowden, Privacy, surveillance, Sweden, Uncategorized, US
Once upon a time, there were rumors about a global surveillance network — Echelon. When the European Parliament decided to look into the matter, it turned out it did indeed exist. For years to follow there were rumors about US intelligence organisation NSA and its new capabilities to “collect it all”. And a few years ago, the Snowden documents exposed exactly that.
Then followed a state of resignation.
In 2013/14, it was brought to light that the NSA might have compromised the international clearing system for bank transfers, European run SWIFT. It’s a bit odd, as the US can have as much information about European bank transfers as they want, in accordance with the EU-US TFTP agreement. Newer the less, there were strong indications of something going on. This time the European police agency, Europol, didn’t even bother to look into the matter. In a European Parliament hearing Europol director Bob Wainwright explicitly said so. (The hearing is quite surreal. It’s all on video here. »)
In Germany, politicians softened their tone against the US/NSA when threatened with limited access to US intelligence. It also turned out that under the level of political polemic, the BND had been working very closely with the NSA all the time. And in Sweden, according to the Snowden files, SIGINT organisation FRA has access to NSA superdatabase XKeyscore. Swedish politicians (including the Greens, who are now in government) will not even comment on the legality of this.
The European Court of Justice has invalidated the EU data retention directive, finding it in breach of fundamental human rights. Never the less most EU member states are upholding (and in some cases implementing) data retention, leading national constitutional courts to object. But data retention fits well with US surveillance systems, so it seems to be less important if it is legal or not.
I could go on, but I better get to my point.
Politicians and intelligence bureaucrats are sending some pretty clear signals these days. They do not care about what is legal or not legal. They do not care if being exposed. They do not even comment on issues that ought to be fundamental in a democracy. The message is: This is the way it is. Live with it.
If there was ever need for a broad political movement against mass surveillance, it is now.
/ HAX
Some links…
By HAX on September 29, 2015 in Big Brother, BND, GCHQ, Germany, NSA & Snowden, Privacy, TPB, UK, US
The Intercept: PROFILED – From Radio to Porn, British Spies Track Web Users’ Online Identities »
Falkvinge: GCHQ Is Building A Stasi Archive On Steroids: Why Are People Still Surprised? »
EU Law Analysis: American Mass Surveillance of EU citizens: Is the End Nigh? »
The Daily Dot: FBI and DEA under review for use of NSA mass surveillance data »
TorrentFreak: Pirate Bay Founder Finally Free After Three Years »
Is the German government on Germanys side?
By HAX on July 4, 2015 in affairs, BND, Democracy, Germany, Intelligence, NSA & Snowden, Rule of law, US
The news that the American spy organisation NSA has targeted the major German magazine Der Spiegel are serious and disturbing. But it is just the tip of the iceberg.
As it turns out the German government knew. But it did nothing to stop it. It didn’t report the issue to relevant democratic oversight bodies. And even worse — it lied about the matter to the German parliament.
To make things even worse it’s still unclear if the NSA obtained it’s information by spying on the newspaper, the Chancellors Office or the entire German political apparatus.
Der Spiegel writes…
“It remains unclear just who US intelligence originally had in its scopes. The question is also unlikely to be answered by the parliamentary investigative committee, because the US appears to have withheld this information from the Chancellery. Theoretically, at least, there are three possibilities: The Chancellery — at least in the person of Hans Josef Vorbeck. SPIEGEL journalists. Or blanket surveillance of Berlin’s entire government quarter. The NSA is capable of any of the three options. And it is important to note that each of these acts would represent a violation of German law.”
In Germany the constitution and the freedom of the press is taken seriously. What has been going on is in direct conflict with principles clearly laid out by the German Constitutional Court in Karlsruhe.
“If it is true that a foreign intelligence agency spied on journalists as they conducted their reporting in Germany and then informed the Chancellery about it, then these actions would place a huge question mark over the notion of a free press in this country. Germany’s highest court ruled in 2007 that press freedom is a “constituent part of a free and democratic order.” The court held that reporting can no longer be considered free if it entails a risk that journalists will be spied on during their reporting and that the federal government will be informed of the people they speak to.”
This affair is now snowballing, putting the Chancellors Office under serious pressure. In a special editors note, Der Spiegel notes…
“The fact that the press no longer has a special protected status and can be spied upon in the same way as corporations, associations or government ministries, lends a new quality to the spying scandal. That the press appears to have been betrayed by its own government is outrageous. For this reason, SPIEGEL decided this week to file a complaint with the Federal Prosecutor’s Office on suspicion of intelligence agency activity.”
It seems that the German intelligence services and the Chancellors Office have neglected both democratic and judicial requirements to keep good working relations with the Americans.
This leading up to a situation where leading German officials appears to have sided with US intelligence services — rather than with the German constitution, German law, the German parliament and the German people.
Read more: An Attack on Press Freedom: SPIEGEL Targeted by US Intelligence »
/ HAX
Wikileaks exposes: Bundestag Inquiry into BND and NSA
From Wikileaks…
“Today, Tuesday 12 May, WikiLeaks releases ten months of transcripts from the ongoing German Parliamentary inquiry into NSA activities in Germany. Despite many sessions being technically public, in practice public understanding has been compromised as transcripts have been withheld, recording devices banned and reporters intrusively watched by police.”
“WikiLeaks is releasing 1,380 pages of transcripts from the unclassified sessions, covering 34 witnesses – including 13 concealed witnesses from Germany’s foreign intelligence agency, the Bundesnachrichtendienst (BND). The transcripts cover from the start of the inquiry in May 2014 through to February 2015.” (…)
“One of the biggest scandals to emerge from the inquiry so far is the recent “selector” spy target list scandal where a BND official revealed that the agency was expected to spy on thousands of targets at the instruction of the NSA. These targets included members of the French government and European industry. This put into question Germany’s suitability in taking a leadership role in the European Union. It also showed that international co-operation on mass surveillance, which has been marketed in public as a counter-terrorism measure, is in practice also used by the United States for the purposes of industrial espionage and geopolitical advantage vis-a-vis members of the European Union.”
Glyn Moody at TechDirt: Wikileaks Releases Transcript Of German Inquiry Into Growing NSA Spy Scandal »