The Federal Intelligence Service (BND) has yet to provide any information on whether it purchased the controversial Pegasus spying software from Israeli NSO Group. The Federal Administrative Court decided on Thursday that the BND is not required to make public whether and how agents use the software.
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Zuckerman vs. Zuckerberg: Declaratory judgment lawsuit over Facebook plug-in dismissedAccording to the judgment (ref: BVerwG 10 A 5.23), the request for information is “contradictory by overriding the public interest”. The BND “has demonstrated admirably that this information could impair its ability to function,” the Leipzig judges explained.
The Secret Service generally works covertly
Arne Semsrot had a complaintEditor-in-chief of the transparency platform Fragdenstatt, according to press law. The secret services are generally exempt from the Freedom of Information Act, so there was no control over it. The BND had previously rejected his request for information about the purchase and use of spyware.
Semsrot’s questions were intended to reveal the current intelligence work methods and practices of foreign secret services, the decision saysIt may also indirectly jeopardize operational processes. Furthermore, the information would be of “significant interest” to foreign secret services and intelligence services, as well as other potential reconnaissance targets. The security of the BND’s cooperation with spy agencies such as the NSA would also be compromised if the information were provided.
Semsrot, who was represented by constitutional lawyer Matthias Becker from Mainz, countered that Pegasus was played remotely on smartphones and that calls, photos and encrypted messages could then go unnoticed and even through the integrated microphone. And could also activate the cameras. Authoritarian regimes used surveillance software against opposition figures, activists, or journalists. So the public is interested in what the BND does with it. It previously became known theoretically that the Foreign Secret Service and the Federal Criminal Police Office (BKA) in Germany had acquired Pegasus.
Digital media also comes under freedom of press
Additionally, the Federal Administrative Court has now clarified that online media fall within the freedom of the press covered by the Basic Law. Like the print media, they too have to receive information as per the Press Law. Semsrot welcomes this: “With today’s decision, the old understanding of the press by many authorities and courts has finally come to an end.” This means that FragDenStat no longer has to make rounds to print the newspaper.
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