lows: international terrorist attacks (no. 2), international proliferation of weapons of
war and of the trade in conventional arms (no. 3), importing narcotics into the Federal Republic of Germany (no. 4), counterfeiting committed abroad (no. 5) and money
laundering in connection with the acts set forth under nos. 3 to 5 (no. 6).
However, as regards the newly added objectives that justify the collecting of information, monitoring was limited to wireless international telecommunications traffic,
which was not technically developed at the time the original G 10 Act was enacted
(§ 3.1[1] of the G 10 Act). Line telecommunications links may only be monitored to
the extent that the risk of a war of aggression is concerned (§ 3.1[3] of the G 10 Act).
The geographic range of monitoring was also expanded by the newly introduced
threats under nos. 2 to 6. Whereas before, a risk of war was expected to emanate only from the territory of the Warsaw Pact, the new threats are not restricted to a single
territory.
8
Moreover, the amendments result in an increase in the number of persons affected
by monitoring. The targeted screening of individual telecommunications subscriber
lines is prohibited under § 3.2(2) of the G 10 Act. Pursuant to § 3.2(1) of the G 10 Act,
the selection of a telecommunications subscriber line for monitoring is to be made by
means of search concepts which are intended and suitable for the resolution of issues arising out of one of the enumerated threats specified in the order establishing
the restriction. However, pursuant to sent. 3 of the provision, this limitation does not
apply to foreign individual telecommunications subscriber lines belonging to foreigners. Their terminal numbers may be used as so-called formal search concepts. In reality, the possibility of establishing references, especially to the identity of individuals,
increases with the amendments due to the fact that today it is, in principle, technically
possible to identify the individual subscriber lines involved in a telecommunications
contact.
9
To the extent that personal data is obtained by means of monitoring, the ban on
detrimental use no longer applies. Pursuant to sentence of §§ 3.3(1) and 3.5(1) of the
G 10 Act, the data must be transferred in full to the Federal and Länder (Federal
state) Verfassungsschutzbehörden (authorities concerned with the protection of the
Constitution), the Militärischer Abschirmdienst (Military Counter-Intelligence Service),
the Zollkriminalamt (Office of Criminal Investigation in Customs Matters), the Bundesausfuhramt (Federal Export Authority), the public prosecutors' offices and the police
authorities. The data is to be used for the prevention, resolution and prosecution of
certain criminal offences, to the extent that this is required for the fulfilment of the missions of these agencies. The catalogue of criminal offences that justify the use of personal data has been expanded considerably by the amendments in comparison with
the original version of the law (§ 3.3(1) of the G 10 Act). However, the use of personal
data is still subject to the precondition that monitoring occurring pursuant to § 2 of the
G 10 Act has been ordered specifically regarding the subject of the monitoring or that
there are tatsächliche Anhaltspunkte (factual grounds) for suspecting that someone
plans, is committing or has committed one of the specified criminal offences.
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