Under the proposed legislation, the Federal Bureau for the Protection of the Constitution (BND) and other domestic intelligence bodies will gain new operational authorities that were previously restricted by postwar legal frameworks. Key provisions include the ability to conduct “hack-back” cyberattacks, allowing agencies to destroy or manipulate the IT systems of state-directed hacking groups. Additionally, intelligence operatives will be authorized to interfere with production and supply chains, such as altering instructions for weapons manufacturing or rendering arms harmless during production, to impede the creation of drones, explosives, or other threats to Germany.
Interior Minister Alexander Dobrindt described the reforms as a “security revolution,” stating that Germany must position itself on an equal footing with partner services worldwide to effectively tackle modern state terrorism and extremist groups. “We are turning our intelligence services into genuine secret services,” Dobrindt said, emphasizing the necessity of active powers rather than a purely defensive posture. The draft law, which spans more than 700 pages, has now been forwarded to the Bundestag, where it is scheduled for debate this Thursday.
The urgency of these reforms is underscored by recent security incidents that exposed significant gaps in Germany’s defensive posture. In late July, a deadly car ramming attack occurred during Berlin’s annual Pride parade, carried out by a German-born Islamist known to authorities. Last week, a drone laden with explosives was discovered near a Ukrainian cargo plane at Leipzig airport, a critical defense transport hub. These events have intensified political pressure on the coalition government to demonstrate its capacity to protect citizens while preserving the constitutional principles outlined in Germany’s Basic Law.
Germany’s military counter-intelligence agency, the Military Counter-Intelligence Service (MAD), recently released an annual report warning that Germany has become a “prioritised target of Russian espionage activities.” The report attributes this heightened targeting to Germany’s geostrategic position within NATO, the ongoing expansion of the Bundeswehr, and the introduction of new weapons systems. MAD noted that the hybrid threat situation has continued to worsen, with increased surveillance of military infrastructure linked to China and a rise in cyberattacks, drone threats, and attempts at political influence. The agency also highlighted a significant increase in the potential for sabotage by low-level recruited agents, though it withheld specific comparative figures to prevent adversaries from drawing conclusions from the data.
Intelligence officials have long argued that Germany’s intelligence capabilities lag behind those of its allies and adversaries. Martin Jäger, the head of the BND, stated that Germany must be able to show potential adversaries that it is capable of similar actions so that “the other side also feels the pain.” The BND, which celebrated its 70th anniversary this year, has historically operated in a predominantly defensive capacity, serving primarily as a repository for information with limited operational authority. The new laws aim to rectify this imbalance by integrating artificial intelligence into operations and granting agents the tools to actively disrupt hostile state actors.
While the reforms comply with a long-standing wishlist compiled by intelligence services, they remain controversial due to Germany’s historical caution regarding state surveillance, rooted in memories of the Nazi and Cold War eras. The government faces the challenge of balancing enhanced security capabilities with the preservation of civil liberties. The next critical step is the parliamentary vote, where the legislation must secure sufficient support to become law, a process that is expected to spark intense debate over the boundaries of state power in a democratic society.
