Monitoring: Bundestag decides on “security package” – Federal Council slows down

The Federal Council has rejected part of the “security package” passed by the Bundestag on Friday. The State Chamber has refused to approve a draft law to reform the fight against terrorism; The project did not reach the minimum number of 35 votes required in the Federal Council. The Bundestag and the federal government can now appeal to the arbitration committee.

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In a previous debate in the Federal Council, representatives of Bavaria and Berlin made clear their rejection of the plans. The head of the Bavarian State Chancellery, Florian Herrmann (CSU), criticized the package as inadequate and called for the destruction of regulations. Irregular migration cannot be dealt with in this way. The proposed knife ban is purely symbolic politics. Rhineland-Palatinate Interior Minister Michael Ebeling (SPD) described the package as appropriate. immediately after the Bundestag decision The Federal Council informed about its decisionLarge states such as North Rhine-Westphalia, Baden-Württemberg and Schleswig-Holstein, where the Greens co-govern, Pushing for greater monitoring, for example in the form of a redesign of the radio cell query,

heated debate

There was a heated debate in the Bundestag for one and a half hours regarding the first security package. After several roll-call votes and duplication due to an error, the “security package” put together by the federal government after a fatal knife attack in Solingen in August has finally been approved. The part on migration, which the federal states have allowed to be passed, allows law enforcement authorities and the Federal Office for Migration and Refugees (BAMF) for the first time to carry out biometric monitoring of suspects, for example automated using the Internet. Data using voice or facial recognition.

Monitoring: Bundestag decides on “security package” – Federal Council slows down

With the stalled draft, the Federal Criminal Police Office (BKA) and the Federal Police would also have been allowed to analyze big data with artificial intelligence (AI) and to do so they would virtually merge and automatically Will be able to search. Police database number.

For Complete Dossier with the two draft laws Government factions voted in the Bundestag. The CDU/CSU and AfD as well as the Die Linke and BSW groups were against it.

Traffic Light with its amendments limited the surveillance powers initially granted by the executive branch. In principle, it is planned to biometrically compare generally publicly accessible Internet data in the asylum area. The highly controversial initiative aims to make it easier for investigators to identify asylum seekers, suspects or wanted people. Witnesses and victims who have no legitimate interests worthy of protection are now abandoned. The BKA, the Federal Police and the BAMF are allowed to work in digital analysis only with providers whose headquarters are in the Schengen Area and the European Union.

AI analyzes only the most serious crimes

The government also wanted to allow “automated analysis of police data by the BKA and the Federal Police” supported by AI, as well as testing and training of data for AI applications in the style of Palantir & Co. However, there has long been a concern that the presumption of innocence would be lost. The Coalition therefore wanted to limit these new powers of prosecutors, which have slowed down states from prosecuting or preventing the most serious crimes such as murder and manslaughter, aggravated robbery or the formation of a terrorist organization. This tied the authority in the anti-terrorism bill blocked by states to Section 100B of the Code of Criminal Procedure (STPO), which also regulates secret online searches.

Furthermore, the government must first “specify the use of all new powers in accordance with the Constitution and European law” through legal regulation. It should have involved the Federal Data Protection Commissioner Luisa Specht-Riemenschneider.

Feser: The Federal Council is acting irresponsibly

Along with a proposal submitted by government factions, lawmakers are also pushing for a number of additional civil rights safeguards. The Parliament is demanding the government: “The use of automated data processing applications that create or expand databases for facial or voice recognition by targeted reading of facial images or voice samples from the Internet should be excluded.” Generally comparisons with biometric data of photographs and video recordings publicly available on the Internet can only be made “region-specific, not across the board”.

When using AI, the Bundestag emphasizes: “With regard to the implementation of automated data analysis in the BKA and the Federal Police, it cannot be ruled out that the systems work like a comprehensive database in which information systems All available data can be merged and processed at any time.”

Federal Interior Minister Nancy Feser (SPD) spoke in the Bundestag about one of the most important steps in domestic and security policy as a response to the terrorist threat and violent crime. All measures were again thoroughly examined in order to adopt “rules of law”, “which will remain pending further court proceedings.” Police should be able to identify and locate criminals and suspects using facial recognition. Feser later described the Federal Council’s subsequent vote as “completely incomprehensible and irresponsible”. The CDU and CSU-led states “deprived our investigating authorities of powers that are absolutely necessary in view of the current threats.”

CDU talks about tragedy

Andrea Lindholz, vice-chair of the CDU/CSU parliamentary group, complained in the Bundestag that Chancellor Olaf Scholz (SPD) and the coalition are not doing everything possible to prevent further terrorist attacks. Nice comparison to the mugshots. However, Lindholz regretted that this was a “tragedy”, as the coalition had limited “small options” to particularly serious crimes. So only one “mini package” came out. Furthermore, the Ministry of Justice has introduced a quick freeze procedure instead of a new data retention system. Traffic lights are a safety hazard in themselves. Josef Oster (CDU) said that Scholz had to threaten a vote of confidence to gain a majority.

Green Party deputy Constantin von Notz countered that the government factions had made very relevant and decisive reforms in all areas in “tough parliamentary negotiations”. This would make the project compatible with Europe and the Constitution, because, contrary to the wishes of the CDU/CSU, there are no excessive powers to intervene and no endless files in which the AI ​​will be mixed. It is “necessary and right” to control the new powers clearly and strictly.

The “Stop Facial Recognition” coalition, which includes civil society organizations such as AlgorithmWatch, Amnesty International, the Chaos Computer Club (CCC), the SPD-affiliated digital political association D64 and Wikimedia, railed against the planned “all-round biometric surveillance”. , Even after the reform of government groups The coalition complainedThe project represents “the biggest disappointment since the beginning of the traffic light government”. The CCC spokesperson warned again: “In response to such a law, we have to seriously consider how surveillance measures can be dismantled and shut down.”

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