Berlin – The German government is preparing to significantly expand the powers of the Federal Intelligence Service (BND), potentially invoking measures reminiscent of the Cold War era, according to a draft law currently under review. The move, prompted by a perceived escalation in threats from Russia, aims to legally “unshackle” the BND and restore its operational capabilities to levels not seen since the height of the Cold War.
The proposed legislation, expected to be presented to the Bundestag before the conclude of the year, seeks to address what officials describe as a restrictive legal and institutional framework that has hampered the BND’s effectiveness. Currently, the BND operates under a complex web of legal constraints, a situation that arose following the 2013 revelations by Edward Snowden regarding the agency’s cooperation with the U.S. National Security Agency (NSA). Those disclosures led to significant limitations on the BND’s surveillance activities, both domestically and abroad.
The reforms would allow the BND to store data gathered from intercepted communications for up to six months, a substantial increase from current restrictions. Critically, the agency would as well be authorized to analyze not only metadata – such as IP addresses – but also the content of those communications. This shift is intended to enable the BND to identify patterns and potential threats over longer periods, something currently hindered by short storage times and limited analytical scope.
The draft law also contemplates expanding the BND’s surveillance remit to include internet traffic originating in Germany and destined for abroad. Currently, the BND’s focus is primarily on communications entering and leaving the country. The legislation reportedly considers reducing protections afforded to journalists working for state-controlled media in authoritarian countries, viewing them as potential agents of foreign influence rather than independent reporters.
A key element of the proposed changes is the introduction of a “special intelligence situation” – a legal status falling short of a formal state of defense, but granting the BND expanded powers for a limited time. BND President Martin Jäger has faced repeated questioning regarding whether this would grant the agency a “license to kill,” a suggestion he has not directly addressed. Though, officials have indicated that overt kinetic operations remain the purview of the German Special Forces Command (KSK), not the BND.
Instead, the BND is expected to be granted authority to conduct sabotage operations targeting critical infrastructure and supply chains in foreign countries deemed hostile to Germany. This represents a significant departure from the BND’s traditionally intelligence-gathering role and moves it closer to a model of proactive, operational intervention.
The proposed changes also address technical shortcomings within the BND. The agency has fallen behind international counterparts in areas such as decryption of modern communications and the application of artificial intelligence to large-scale data analysis. Germany also lags in satellite reconnaissance capabilities, relying heavily on the United States for comprehensive intelligence gathering. The new legislation aims to rectify these deficiencies, though specific funding and implementation details remain unclear.
The BND’s evolution reflects a broader shift in German security policy, driven by Russia’s actions in Ukraine. Berlin now views Moscow as a long-term strategic adversary employing a range of hybrid warfare tactics, including sabotage, cyberattacks, and disinformation campaigns. The government argues that the current legal framework is inadequate to address these evolving threats.
The agency is currently running a recruitment campaign, seeking to attract qualified personnel. A recent advertisement, featuring the slogan “Wir suchen Terroristen (m/w/d)” – “We are looking for terrorists (m/f/d)” – has drawn attention to the BND’s evolving mission.
The draft legislation is currently being circulated among relevant ministries for review, with a cabinet vote expected in the coming weeks. The Bundestag is then scheduled to debate the bill, with a final vote anticipated before the end of the year. The outcome remains uncertain, and the proposed changes are likely to face scrutiny from privacy advocates and opposition parties.
