their fundamental right to freedom of the press under Art. 5(1) second sentence GG
has been violated, given that the Federal Intelligence Service Act does not contain
special rules for the protection of confidentiality between the press and their sources
in the context of strategic surveillance of foreign telecommunications. Finally, complainant no. 1 and complainants nos. 3 to 5 also assert a violation of the general
guarantee of the right to equality under Art. 3(1) GG because, as a legal entity based
in an EU Member State and as EU citizens, they do not enjoy the same protection as
German citizens.
1. All complainants submit that they are affected by the authorisations granted to
the Federal Intelligence Service and its actions based thereon in the context of surveillance of foreign telecommunications. […]
[…]
34
35
2. […]
36-37
3. […]
38
4. […]
39
5. […]
40-41
III.
In the constitutional complaint proceedings, statements were submitted by the Federal Government, the Bavarian Land Government, the respective Federal Commissioners for Data Protection and Freedom of Information and the Sixth Senate deciding on appeals on points of law (Revisionssenat) of the Federal Administrative Court
(Bundesverwaltungsgericht).
[…]
42
43-53
IV.
Prior to the oral hearing, the Federal Government, the Federal Commissioner for
Data Protection and Freedom of Information, the eco Association of the German Internet Industry e.V. (eco-Verband der deutschen Internetwirtschaft e.V.), T-Systems
International GmbH and the Chaos Computer Club e.V. submitted written statements
in response to a list of questions provided by the Federal Constitutional Court regarding the technical aspects of international telecommunications networks and the possibilities and dimensions of intelligence work carried out by the Federal Intelligence
Service.
54
In the oral hearing, the Court heard the complainants, the Federal Government, the
Federal Intelligence Service, the Parliamentary Oversight Body, the Article 10 Commission and the Federal Commissioner for Data Protection and Freedom of Information. As experts, the Court also heard the Federal Government’s former IT security
officer Martin Schallbruch as well as Barrister Dr Tom Hickman QC, Standing Coun-
55
21/87