German intelligence can't spy on foreigners outside Germany
Several foreign journalists, as well as German journalists'
unions and the NGO Reporters Without Borders, had mounted a legal challenge to
the latest amendment to the BND law, which sets out what Germany's foreign
intelligence service, the BND, can and can't do.
The 2017 amendment effectively legalized what the BND had
been doing anyway: monitoring telecommunications anywhere in the world,
regardless of suspicion.
During a hearing in January, Helge Braun, Chancellor Angela
Merkel's chief of staff, had argued that the monitoring of communication was
vital to preventing attacks on the German military abroad. He added that the
BND law included "comprehensive protection and control measures" that
were unique.
The key legal question was whether foreign nationals in
other countries were covered by Germany's constitution, known as the Basic Law,
which safeguards human rights – including Article 10, the privacy of
correspondence and communications.
One of the largest internet exchange points in the world,
the Deutsche Commercial Internet Exchange (DE-CIX), is situated in Frankfurt.
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