the framework in which due consideration can be given to the risks to fundamental
rights that arise from new technological developments and from accompanying power
shifts. This applies particularly to the changing significance of intelligence services
that results from advances in information technology, which allow intelligence services to reach out into other countries.
a) The gathering of foreign intelligence by the Federal Intelligence Service has always been of considerable significance for the Federal Republic of Germany’s capacity to act in the context of foreign and security policy; yet this significance has increased in recent years. In the course of internationalisation and the development of
information technology, the significance and conditions under which foreign telecommunications surveillance, as a key element of foreign surveillance by the Federal Intelligence Service, is conducted have changed profoundly.
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In the past, the only purpose of gathering foreign intelligence was the early detection of dangers to avert armed attacks on German territory; measures directly targeting individuals were limited to a small group of persons, as a result of both the technical possibilities and the intelligence interest at the time (cf. BVerfGE 67, 157
<178>). Given today’s possibilities of communication and the accompanying internationalisation, potential impending dangers (drohende Gefahren) originating from
abroad have multiplied. Information technology makes it possible to communicate directly across borders, regardless of physical distance, and to coordinate without any
delay. This poses new challenges for the gathering of politically or militarily relevant
communications that can be of great significance for the Federal Government’s capacity to act. Moreover, today, international activities can destabilise society as a
whole, as shown for example by cyber attacks, transnational organised crime such
as human trafficking or money laundering, and international terrorism ([…]). Thus,
gathering foreign intelligence by conducting surveillance of telecommunications is of
growing importance for foreign and security policy; in political terms, this is also reflected in the budgets allocated to the intelligence services, which have increased
significantly compared to many other areas (cf. the doubling of the Federal Intelligence Service’s projected budget from EUR 475.5 million in 2011 […] to EUR 966.5
million in 2019 […], while the overall federal budget increased by 16% from EUR
306.8 billion to EUR 356.4 billion […]).
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b) In the context of the tension between freedom and security, the growing importance of foreign surveillance resulting from the change in circumstances gives rise to
new challenges not only for upholding security, but also for upholding freedom; a balance between these two interests must be struck in accordance with the rule of law
and on the basis of fundamental rights.
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The developments in information technology have led to a situation where data is
shared through global channels, where it is randomly assigned to satellite or cable
transmission according to technical criteria that have no regard to national borders
(cf. on this development BTDrucks 14/5655, p. 17). This makes it possible to inter-
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