In Germany, the current authorities seem willing to dramatically depart from what have until now been Western democratic traditions, where law enforcement must have a crime to investigate, and a warrant to do so before it engages in searches and surveillance.
However, the government in Berlin plans to allow the Federal Criminal Police Office (BKA) the legal right to enter homes secretly (including for the purpose of installing spyware on people’s phones and computers.) In addition, BKA would be given the power to, also secretly, search homes.
The draft, seen by the German press, was cooked up at the Federal Ministry of the Interior and was explained by a spokesman as a needed reform of the BKA law in order to prevent “the dangers of international terrorism” and chose to single out “Islamist terrorism” as an example.
The promise here is that the BKA would use the new rights only to fight what they choose to consider terrorist activity, along with “a high bar” in place determining which case qualifies for this kind of treatment.
Judging by the statement of the same spokesman, German law enforcement now clearly doesn’t have “appropriate powers” to tackle the problem, hence the necessity to reform the law.
As for any details that would further clarify the situation, the Interior Ministry would not provide them as the planned reform is “still at a very early stage of internal government coordination.”
Among the early critics of this is the German Journalists’ Association, whose chairman Mika Beuster said that “secret break-ins are reminiscent of the methods of police states, not of liberal democracies.”
Meanwhile, such a shift in the way terrorist threat is investigated has the opposition – notably the rising Alternative for Germany (AfD), suspect that this will be used as yet another tool to go after political opponents.
AfD, and even media outlets supportive of its policies, have recently faced an unprecedented crackdown, led by Federal Interior Minister Nancy Faeser.
And now, the draft amendment of the law, also coming from her office, is dismissed by AfD MP Beatrix Von Storch as appearing to use the fight against terrorism as the pretext – “and the reason is more likely to be that she intends to further intimidate and monitor citizens and, last but not least, to persecute any government critics.”
