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German Intel Agency Helped NSA Tap Fiber Optic Cables In Germany

An anonymous reader writes Der Spiegel has written a piece on the extent of collaboration between Germany's intelligence agency, Bundesnachrichtendienst (BND), and the U.S.'s National Security Agency (NSA). The sources cited in the piece do reveal BND's enthusiastic collusion in enabling the NSA to tap fiber optic cables in Germany, but they seem inconclusive as to how much information from the NSA's collection activity in the country is actually shared between the NSA and BND. Of note is evidence that the NSA's collection methods do not automatically exclude German companies and organizations from their data sweep; intelligence personnel have to rectro-actively do so on an individual basis when they realize that they are surveilling German targets. Germany's constitution protects against un-warranted surveillance of correspondence, either by post or telecommunications, of German citizens in Germany or abroad and foreigners on German soil.

14 of 103 comments (clear)

  1. End-run around everyone's rights by sir-gold · · Score: 3, Insightful

    Wow, this is an impressive loophole that the NSA and BND have found. The BND can't spy on Germans, and the NSA can't spy on Americans, but they CAN spy on each other, and then share whatever they find.

    The sharing doesn't even have to be official, the BND and NSA could just claim that the information was "leaked" to them by some anonymous 3rd party, allowing them to gain all the intelligence they wanted on their own citizens without actually spying on them directly.

    1. Re:End-run around everyone's rights by Thanshin · · Score: 2

      Except for the little detail about the NSA not being allowed to spy Americans indirectly either.

      The problem is not that they find creative ways to bend the law, it's that they didn't really need to. It's been proven over and over again that even in the cases where they did break the law without any loophole or excuse, nothing happened anyway.

      The problem is reality itself. The reality that since the beginning of times governing people requires spying that same people. We've gotten much more civilized in that now we make an effort of keeping that people in ignorance, so they are a bit happier; but the spying continues.

      The government needs spies as it needs assassins and torturers and all kinds of evil agents. If the people keep pushing to reveal the truth, the result won't be the disappearance of evil agents but the removal of the pink veil.

      At some point, if the kid insists enough, the parent's patience ends and he replies "because I say so, now shut up."

    2. Re:End-run around everyone's rights by sumdumass · · Score: 2

      I'm not sure it is a loophole. Sigint has been participating in schemes like this since the cold war. I think project echelon and project magic lantern grew out of one of these efforts.

      When you hear about inteligence communities cooperating and that's how we found a bad guy or foiled some sinister plot, it was likely something like this. The real difference is the scope and the ability to process the communications.

    3. Re:End-run around everyone's rights by Anonymous Coward · · Score: 3, Insightful

      Wow, this is an impressive loophole that the NSA and BND have found. The BND can't spy on Germans, and the NSA can't spy on Americans, but they CAN spy on each other, and then share whatever they find.

      There is no loophole there, it is strictly illegal for both parties to participate in this. The means used to acquire the information is irrelevant.
      Legally there is no difference between NSA planting a bug in your house or having someone else to do it for them.

      The loophole is in that not everyone gets punished when they break the law.

    4. Re:End-run around everyone's rights by drinkypoo · · Score: 2

      Wow, this is an impressive loophole that the NSA and BND have found. The BND can't spy on Germans, and the NSA can't spy on Americans, but they CAN spy on each other, and then share whatever they find.

      That is supposed to no longer be the case, but you know how that goes

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:End-run around everyone's rights by Warbothong · · Score: 2

      The reality that since the beginning of times governing people requires spying that same people.

      The government needs spies as it needs assassins and torturers and all kinds of evil agents. If the people keep pushing to reveal the truth, the result won't be the disappearance of evil agents but the removal of the pink veil.

      At some point, if the kid insists enough, the parent's patience ends and he replies "because I say so, now shut up."

      At "the beginning of times" governments used targetted spying. They couldn't tap intercontinental fibreoptic communication cables, run the output through face recognition algorithms and automatically build huge databases of everyone's correspondance.

      As an analogy, I accept that police and handcuffs are necessary evils. What I don't accept is that we may as well have everyone wear electromagnetic bracelets, which police can remotely switch into a pair of handcuffs.

    6. Re:End-run around everyone's rights by zedaroca · · Score: 3, Interesting

      The BND can't spy on Germans, and the NSA can't spy on Americans, but they CAN spy on each other

      Except that it is illegal for anyone to spy on Germans, the NSA CAN'T do that from anywhere in the world without violating the German constitution. When they do it on German soil the Germans have the legal authority to arrest the criminals and they should do so. Not doing so is to disobey their laws and law enforcement duties. When the crimes against their citizens are committed from other countries, the appropriate thing to do would be to ask for the criminals extradition.

      It is the BND's job to keep their people safe from foreign criminals who violate their constitution, specially on their own territory. They are not doing their job properly and even if they claimed it as "leaked" information, they still would have to investigate if there are indications that the constitution is being violated.

  2. no surprise by Tom · · Score: 2

    Sadly, this kind of stuff has been modus operandi for Germany for two decades now. You see, there's a whole generation that was raised on the concept of "our american friends". And that generation is in power now.

    You see it in Merkel, who is basically a lapdog to America.

    You see it in our financial industry, which was basically sold bridges by "our american friends" - guess who sent 400 million to Lehman Brothers literally (not metaphorically, literally) the day before they collapsed? Correct, a german bank.

    And you see it in your secret services, which are basically a laughing stock the world over, but try to pretend they can play with the big boys. When in fact they can't even convince our own government members to actually use the cryptophones that they developed for them. *facepalm*

    We are doing some really cool stuff over here, but our people in charge are idiots.

    --
    Assorted stuff I do sometimes: Lemuria.org
  3. Just like the DDR or the 3rd Reich never happened by gweihir · · Score: 2

    These people are doing the same things that were the very basis of oppression of any and all freedoms on German soil in these two regimes. It is like these cretins _want_ that state of affairs back.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  4. Re:Bundesnachrichtendienst by Carewolf · · Score: 2

    Now try to say Federal Intelligence Service. In German they drop the spaces between nouns that form a new whole, but you have similar syntax in spoken English, you just put spaces between the nouns when you write them.

  5. Re:Are the Stasi already forgotten? by Hognoxious · · Score: 2

    He's an American. Just knowing that there used to be two Germanies puts him in the top 5%.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  6. Re:Little Brother Looking Up to Big Brother by gweihir · · Score: 3, Informative

    Stop lying. Or at least have the decency to lie only to yourself and do that in private.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  7. Re:Just like the DDR or the 3rd Reich never happen by Warbothong · · Score: 3, Insightful

    These people are doing the same things that were the very basis of oppression of any and all freedoms on German soil in these two regimes. It is like these cretins _want_ that state of affairs back.

    They want that level of power, but since it's *them* this time, they'll only use it for "good" (ie. what *they* want).

    Of course, they neglect to realise that's exactly what the Nazi's thought.

  8. Re:Merkel is a hypocrite by stooo · · Score: 2

    >> our prime minister Rutte (in NL) got mad about his phone not being tapped ...

    That, sir, is impossible. We monitor everything ! We record every phone call !
    An official not being listened to ? I call BS.

    --
    aaaaaaa