(6) Apart from that, the recourse to a court to challenge monitoring orders issued
pursuant to § 2 and § 3.1 sent. 2 no. 1 and to challenge the execution of such orders,
shall be precluded.
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3. The Federal Constitutional Court issued a temporary injunction order (BVerfGE
93, p. 181) on 5 July 1995 pursuant to an application of the complainant bringing the
first constitutional complaint. Pursuant to the temporary injunction order, § 3.3(1) of
the G 10 Act is to be applied temporarily on the condition that personal data obtained
pursuant to monitoring conducted in accordance with § 3.1 may only be used if bestimmte Tatsachen (specific facts) form the basis of the suspicion that someone plans,
is committing or has committed one of the criminal offences named in the provision.
§ 3.5(1) of the G 10 Act is to be applied temporarily on the condition that the data obtained pursuant to § 3.1 is transferred to the agencies named in the regulation only if
specific facts form the basis of the suspicion that someone plans, is committing or has
committed one of the criminal offences named in § 3.3 of the G 10 Act.
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4. In accordance with the Act and the provisions resulting from the Federal Constitutional Court's temporary injunction order, the Federal Intelligence Service has been
conducting telecommunications monitoring since 1 March 1996. Orders pursuant to
the G 10 Act have been issued concerning the spheres of weapons proliferation
(§ 3.1 sent. 2 no. 3) which entered into force on 1 March 1996, international terrorism
(no. 2) with validity from 1 April 1996, international arms trade and arms production
(no. 3) which entered into force on 1 May 1996 and international drug trade (no. 4)
with validity from 1 September 1996. In this context, approximately 5,200 alerts during monitoring were selected and subsequently evaluated in the spheres of weapons
proliferation and arms trade until August 1998. Seventeen alerts were transferred
pursuant to § 3.5(1) of the G 10 Act. In all cases, the receiving agency was the Office
of Criminal Investigation in Customs Matters. In the spheres of international terrorism
and international drug trade, 204 alerts were evaluated. There were no transfers to
other agencies. These figures also include alerts which result from the monitored
telecommunications traffic supplied by foreign intelligence services which was evaluated by the Federal Intelligence Service to the extent permitted by law. Due to the
poor results, the orders with respect to the threats of terrorism and drug trade were
not renewed in spring 1998.
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II.
1. The complainant bringing the first constitutional complaint (1 BvR 2226/94) challenges, in his application, the expansion of the Federal Intelligence Service's powers
to monitor as set forth in § 3.1 sent. 2 nos. 2-6 of the G 10 Act. He also challenges the
manner in which the duty to inform of such monitoring is regulated in § 3.8 of the G 10
Act. Pursuant to the grounds he raises in his constitutional complaint, the complainant also challenges: first, § 3.4 of the G 10 Act which concerns the Federal Intelligence Service's power to examine and evaluate (for its own objectives); and second,
§§ 3.3, 3.5 and 3.7 of the G 10 Act which regulate the Federal Intelligence Services'
12/77
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