The NSA: the impact of the wiretapping scandal on German-American relations | OSW
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On 2 August the Federal Ministry of Foreign Affairs of Germany announced that it had terminated the administrative agreement regarding the law on limiting the confidentiality of the post and telecommunications with the US and the UK by mutual consent, through the exchange of diplomatic notes. This does not spell the end of co-operation between the German and American intelligence services but merely the abandonment of a provision which was already a relic of a bygone age.
The remaining legal acts which regulate co-operation between the German and American services have not been abrogated. So far it has enabled close co-operation between Germany and the US but has not included a ban on mutual espionage. Germany at present is seeking to sign two new agreements with the US which would supersede the present regulations: They will regulate both co-operation between the services and limit the scope of operations of American intelligence agencies in Germany.
In the intergovernmental agreement of a political nature, Germany would like to include provisions which would rule out mutual surveillance, economic espionage in bilateral relations, espionage with the use of operational techniques in Germany and the bugging of the heads of the two states. As was reported in Der Spiegel, Germany would like to ensure that certain provisions are included similar to those in the Five Eyes agreements, that is, the agreements between the US, the UK, Canada, New Zealand and Australia signed in the second half of the s with regard to intelligence sharing and prohibiting mutual surveillance .
Officially, Germany has stressed the individual character of these agreements from the outset. This may also mean that it wishes to emphasise the singularity of these German-American documents in the context of attempts to change the basis of relations between the two countries. Nevertheless, the US has ruled out negotiations of similar agreements with a larger number of parties. Already during the current talks Washington is opposed to setting a precedent with regard to the legal exclusion of wiretapping as it fears that similar demands will be made by other states .
This may mean that the German demands will not be met by signing the agreement with the US, which in practice would mean that the current US intelligence operations aimed at Germany will continue. From the German perspective the further co-operation between the German and American intelligence services is necessary in order to guarantee security both for German citizens in Germany and for Bundeswehr troops involved in foreign missions particularly in Afghanistan. This is mainly due to the US advantage in the field of cybersecurity.
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The NSA scandal has further intensified the debate on the necessity to extend the cybernetic competences of German intelligence and the defence capacities of counterintelligence to deal with cyber-attacks. This debate has also been part of the discussion over the reform of the BfV and the Federal Office for the Protection of the Constitution LfV and co-operation between the services in the case of the NSU scandal the three-person National Socialist Underground which murdered nine immigrants and a German policewoman in ; clarifying the circumstances of the murders and their extreme right-wing background was possible only after one member of the group denounced herself to the police in November and two other members committed suicide.
There is traditional opposition in Germany to the security services being strengthened and to the concentration of their competences one of the fundamental principles with regard to the work of these services prohibits the intelligence and the investigative competences — Trennungsgebot — being combined. The NSA scandal may thus serve as an argument to persuade public opinion that more competences are needed by the BND and the BfV to enable them to become more effective and less dependent on American intelligence.
Extending the competences of the German services will require increased funding for both scientific research, technological development, and the development of the capacities of the services themselves, including personnel.
These are however long-term measures and in the short term Germany will be forced to use information from American intelligence agencies. Representatives of the German services admit that the detection of certain attempted attacks in Germany was possible exclusively due to intelligence obtained from foreign services due to numerous connections this refers above all to American services as in the cases of Sauerland-Gruppe and members of Deutsche Taliban Mudschahidin .
The conclusions The current crisis of confidence in relations between Germany and the US is the most important one since Germany expressed its opposition to the US intervention in Iraq in in the UN Security Council.
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The NSA: the impact of the wiretapping scandal on German-American relations
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