into NSA Activities, cf. final report Bundestag document, Bundestagsdrucksache –
BTDrucks 18/12850) and served to clarify the legal framework given that the Federal
Intelligence Service had been engaging in these practices prior to the amendment.
By contrast, the challenged provisions on data sharing predate the amendment and
their wording was not changed by it; however, they now also extend to the sharing of
intelligence gathered on the basis of the newly added surveillance powers.
I.
1. […]

2-3

2. Surveillance of foreign telecommunications is solely aimed at intercepting
telecommunications of foreigners in other countries. It is part of the Federal Intelligence Service’s general task of conducting surveillance, which, according to § 1(2)
first sentence BNDG, comprises the gathering and analysis of the information necessary to obtain intelligence on other countries that is significant to the foreign and security policy of the Federal Republic of Germany.

4

The Federal Intelligence Service uses different sources of information to fulfil this
task. These can be divided into four pillars: gathering and analysing generally accessible information, analysing images – primarily satellite images –, gathering and
analysing information obtained through human intelligence, and signals intelligence
(SIGINT) collected by the department for technical surveillance. Strategic surveillance of foreign telecommunications, which is at issue in the present proceedings, is
part of signals intelligence. […]

5

The challenged provisions govern strategic telecommunications surveillance. This
form of surveillance is characterised by the use of telecommunications transmission
channels or networks and applies filtering mechanisms to separate data relevant for
intelligence work from the entire telecommunications data transmitted via the networks. By definition, it thus indiscriminately affects a large number of persons and is
usually not tied to specific grounds or suspicions. Instead, it is a purely precautionary
measure that primarily serves to obtain indications, suspicions, general intelligence
and situation reports in relation to matters that the Mission Statement of the Federal
Government (Auftragsprofil der Bundesregierung; […]) considers significant for the
Federal Republic of Germany’s actions in foreign and security policy matters. In addition, strategic telecommunications surveillance also allows for and is aimed at the
gathering of intelligence relating to specific individuals.

6

Besides the power to carry out strategic telecommunications surveillance of foreigners in other countries, which is challenged in these proceedings, the Federal Intelligence Services has the power to carry out strategic surveillance of international
telecommunications traffic, i.e. telecommunications between foreigners in other
countries on one side and persons within Germany or German citizens on the other.
This is in addition to its power to carry out measures restricting [the fundamental right
under Article 10 of the Basic Law] in the individual case. Those powers, which are

7

16/87

Select target paragraph3