At first glance, the script resembles a method used by Ministry of State Security in the communist dictatorship of GLD, when the Germany it was divided until 1990. At the time, the secret police, known for short as the Stasi, secretly raided the homes of suspected opponents of the regime. Unnoticed, the phones were rigged so that conversations could be listened to and recorded. German Interior Minister Nancy Fesser also wants to make it possible for investigators in absolutely exceptional cases. But unlike the Stasi, which acted arbitrarily, this should be enshrined in law by Parliament. The Social Democrat minister would like to authorize the Federal Criminal Service (BKA), if necessary, to break into the homes of people suspected of terrorism in order to install spyware on their mobile phones and computers.

The fear of Islamists

A spokesman justified the plans at a press conference citing the threat situation Germany is in, especially when it comes to Islamic terrorism. “In our view, it is absolutely self-evident that the security authorities must have the appropriate powers to be able to deal with this,” he said. The spokesman did not elaborate on the draft law, citing the need for clarification within the government. Clarification is likely to be needed, especially with the Ministry of Justice led by Marco Bussmann (FDP). Shortly afterwards, Bushman announced on social media what he thought of his cabinet colleague’s idea: “There will be no power to secretly spy on apartments. In a state that respects the Constitution, we do not do such a thing. That would be an absolute violation of a taboo, as a minister, I reject such ideas.”

The FDP does not want stricter laws

It seems that secret house burglaries with state permission will remain prohibited in Germany for the time being. At least as much as the Free Democrats (FDP) it is part of the government. The defense of fundamental rights is part of the party’s identity. They are convinced that the fight against international terrorism and other forms of serious crime is possible without further tightening of the law. The security authorities are actually not completely defenseless, because the so-called bugging of the electronic devices of suspicious people is possible even without breaking into a house and is legal under certain conditions: with the help of a trojan. Trojans are supposedly harmless computer programs that silently install malware on the devices of unsuspecting users.

Secret web searches are allowed

In this way, the police in Germany have been able to monitor the homes of suspicious people since 2017, as part of a so-called online investigation. However, each individual measure must be approved by a court or, in particularly urgent cases, by a prosecutor. Its 100th section Code of Criminal Procedure details which crimes can be prosecuted using online searches. The list is long: threats to the democratic constitutional state, the formation of criminal organizations, murder, sexual offenses, drug trafficking, money laundering, smuggling, abuse of asylum. In short: every form of serious crime.

Landmark decision of the Federal Constitutional Court

According to official government information, the number of online searches has been in the low double-digit range for years. The reason is usually drug offenses. This form of tracking has always been controversial. A decision of his Federal Constitutional Court since 2008 it is considered groundbreaking. Statistically speaking, undercover apartment searches are an absolute exception in the fight against crime. The situation is quite different with overt apartment searches, which are part of the police’s daily routine. They must also be ordered by a court or prosecutor.

Obvious searches

As a rule, such searches are carried out in the presence of the suspect. Some cases make headlines when the media is there filming or photographing the suspects. An example is the head of the right-wing extremist magazine “Compact”, which was banned by the interior minister in July 2024. To secure evidence, among other things, Elgesser’s home was searched. Whether the campaign was successful will be seen when the Federal Administrative Court in Leipzig makes a final decision on the case. The magazine is temporarily allowed to reappear because the court had doubts about the proportionality of the ban in terms of freedom of the press and freedom of expression.

Edited by Kostas Argyros