German Investigation Of The Cooperation Betwixt Nsa As Well As Bnd (I)

(Updated: Dec 5, 2014)

In Germany, a parliamentary commission is currently investigating the human relationship betwixt the National Security Agency (NSA) in addition to the High German unusual word service Bundesnachrichtendienst (BND).

Initially the hearings were nearly the master copy accusations made past times Edward Snowden nearly NSA spying on countries similar Federal Republic of Federal Republic of Germany in addition to the experts entirely provided the green statements that were already heard oftentimes since lastly year.

But of late the commission focussed on the cooperation betwixt NSA in addition to BND in addition to a issue of officials of the High German means were heard. Their statements provided real interesting details nearly how BND is operating in addition to how they were cooperating amongst NSA. As all this is entirely inwards German, nosotros volition start providing summaries inwards English linguistic communication of the most interesting parts of these hearings.

The room where the hearings of the parliamentary commission receive got place
(photo: DPA)

The commission of enquiry (in German: NSA-Untersuchungsausschuss, twitter hashtag: #NSAUA) was installed on March 20, 2014. It consists of 8 members of parliament in addition to is instantly led past times professor Patrick Sensburg from the christian democrat political party CDU/CSU. He succeeded Christian Binninger, who resigned after but half-dozen days because the opposition parties seemed entirely interested inwards hearing Edward Snowden.

The destination of the commission is to investigate the extent in addition to the backgrounds of espionage inwards Federal Republic of Federal Republic of Germany conducted past times unusual agencies. Influenza A virus subtype H5N1 detailed listing of all the tasks of the commission inwards English linguistic communication is inwards this document (pdf).

Time path

The commission wants to withdraw heed over i hundred witnesses in addition to experts, including CEOs of United States of America of America cyberspace companies similar Mark Zuckerberg (Facebook), Eric Schmidt (Google) in addition to Tim Cook (Apple). Also High German chancellor Merkel, old in addition to electrical current federal ministers in addition to the directors of High German word agencies are invited to look earlier the committee.

Because of this, the hearings volition lastly throughout the adjacent yr in addition to the lastly study amongst the recommendations is expected slow 2016. According to an explanation past times chairman Sensburg, the electrical current hearings nearly the NSA-BND cooperation volition maintain at to the lowest degree until early on 2015, so the investigation volition shift to the Five Eyes. The exact schedule volition live decided upon past times all commission members.

The witnesses are non nether oath, but if they prevarication or give a imitation testimony, that's a offense for which they tin live prosecuted.

Edward Snowden

Right from the beginning, opposition members of the commission made a big signal of inviting Edward Snowden for a hearing, but the High German regime refused to render a visum in addition to guarantees for his security.

Chairman Sensburg even so was skeptical nearly how useful a hearing of Snowden could be, given the fact that he was never tasked amongst spying on Federal Republic of Federal Republic of Germany in addition to so far hadn't provided whatever novel information that was non already on the cyberspace (he in all likelihood meant that Snowden entirely speaks nearly things every bit far every bit they receive got been published past times media outlets in addition to almost never goes beyond that on his own).

Then inwards June 2014, Snowden allow his lawyer say that at that topographic point was no chance for him to encounter a delegation of the commission inwards Moscow.

Glenn Greenwald

Influenza A virus subtype H5N1 hearing of Glenn Greenwald was scheduled for September 11, 2014, but inwards August he refused the invitation, because he thinks the commission isn't interested inwards a serious investigation of NSA spying on High German citizens. With Snowden non existence heard, the whole enquiry became a ritual, according to Greenwald.

Greenwald's refusal mightiness every bit good receive got to practise amongst his misinterpretation of the BOUNDLESSINFORMANT charts. Last yr he published them every bit proof of NSA's spying on the citizens of diverse European countries, including Germany, but afterwards it came out that the charts were truly nearly information collected past times European military machine word agencies, who shared them amongst NSA.

Apparently the commission didn't asked access to the Snowden-documents itself, which is strange, every bit i total re-create is inwards the hands of filmmaker Laura Poitras who lives inwards Berlin. It's non known whether Poitras was every bit good invited for a hearing.

Security measures

Besides world hearings, the commission every bit good conducts hearings behind shut doors, so witnesses tin live questioned nearly sensitive in addition to classified topics. These hearings receive got house inwards a highly secured room (Geheimschutzstelle), where the commission members tin every bit good access the over 800 file folders amongst both classified in addition to unclassified documents provided past times the government. When witnesses are heard, all attendants receive got to seat their phones in addition to tablets into a metallic box, in addition to classical music is played inwards gild to foreclose whatever form of eavesdropping.*

Despite these safety measures, roughly weird espionage cases happened already: early on July 2014, a low-level employee of the BND was arrested, every bit he was suspected of collecting information nearly the investigation commission for the CIA. Also roughly members of parliament had indications that communications from their mobile phones had been intercepted. After this, the senior members of the commission were provided amongst secure mobile phones.

Sign exterior the highly secured room where the
hearings behind shut doors receive got place
(photo: Konstantin von Notz @ Twitter)

Public hearings

The world hearings of experts tin live recorded, but when witnesses, similar BND officials, are heard, it's non allowed to brand video or good recordings or receive got pictures. Therefore, roughly people from the visitor's bench reported via Twitter, in addition to at every coming together at that topographic point was every bit good a volunteer from the High German digital civil rights website Netzpolitik.org who kept a alive blog.

Here nosotros volition start listing all the commission meetings amongst a world hearing, including a summary of the most interesting information from the testimonies:

5th Meeting, May 22, 2014 (Transcript - Statements):

- Hearing of experts inwards constitutional law: Wolfgang Hoffmann-Riem, Matthias Bäcker, Hans-Jürgen Papier

(It was non the best alternative to enquire the thought of these legal experts first, earlier all other witnesses, including BND-employees, were heard. They could hence entirely bear witness inwards a real full general way, based on the media stories, which, every bit nosotros receive got seen inwards multiple cases, were oft exaggerated in addition to non e'er correct. Legal opinions entirely brand feel when all the relevant facts are known, because every exceptional tin brand a difference.

The argue for this was evidently that the commission started quite unsystematic, inwards business office because the members had to function into the complex topic, but every bit good because they were divided in addition to focussed entirely on Snowden. At roughly signal they realized that this went to nowhere, in addition to changed their method. They decided to maiden of all focus on BND, because hither they had roughly ability to demand witnesses in addition to documents from the High German government. And the promise was to "incidentally" larn roughly insight into the unusual agencies every bit well)

- . - . - . - . -

7th Meeting, June 5, 2014 (Transcript - Video-stream - Statements)

- Hearing of experts inwards international law: Stefan Talmon, Helmut Philipp Aust, Douwe Korff, Russell A. Miller (Washington), Ian Brown (Oxford)

- . - . - . - . -

?th Meeting, June 26, 2014 (Transcript - Statements)

- Hearing of technical experts: Michael Waidner (Fraunhofer Institut), Sandro Gaycken, Christopher Soghoian (ACLU). The latter wasn't able to live at that topographic point inwards time, so inwards his house Frank Rieger (Chaos Computer Club) was heard

- . - . - . - . -

11th Meeting, July 3, 2014 (Transcript)

- Hearing of old NSA whistleblowers: William Binney, Thomas Drake

Binney presented himself every bit a technical manager at NSA, although other sources say he was but a crypto-mathematician. He left the means inwards 2001, so nearly everything that happened after that year, he entirely speculates. It every bit good seems that he mixed upwardly roughly things. His master copy signal was that NSA wants to collect everything, for example, NSA needed the huge Utah Data Center because they are eavesdropping on the "whole of humanity".

Thomas Drake said he worked every bit a safety engineer for NSA from 2001 until 2008. He stated that nosotros are standing earlier the abyss of a panoptical surveillance state. The BND has locomote a mere vermiform appendix of NSA in addition to is every bit good conducting volume surveillance, both nationally in addition to internationally.

(As nosotros volition consider afterward on, this accusation is strongly denied past times BND officials, who, dissimilar Binney in addition to Drake, every bit good provided roughly relevant technical insights)

> Next: Summary of the hearings of diverse BND employees