Germany’s intelligence service, the Bundesnachrichtendienst (BND), has been helping the NSA spy on European politicians and companies for years, according to the German news magazine Der Spiegel. The NSA has been sending lists of “selectors”—identifying telephone numbers, e-mail and IP addresses—to the BND, which then provides related information that it holds in its surveillance databases. According to the German newspaper Die Zeit, the NSA sent selector lists several times a day, and altogether 800,000 selectors have been requested.
The BND realized as early as 2008 that some of the selectors were not permitted according to its internal rules, or covered by a 2002 US-Germany anti-terrorism “Memorandum of Agreement” on intelligence cooperation. And yet it did nothing to check the NSA’s requests systematically. It was only in the summer of 2013, after Edward Snowden’s revelations of massive NSA and GCHQ surveillance, that the BND finally started an inquiry into all the selectors that had been processed.
According to Der Spiegel, investigators found that the BND had provided information on around 2,000 selectors that were clearly against European and German interests. Not only were European businesses such as the giant aerospace and defense company EADS, best-known as the manufacturer of the Airbus planes, targeted, so were European politicians—including German ones.
However, the BND did not inform the German Chancellor’s office, which only found out about the misuse of the selector request system in March 2015. Instead, the BND simply asked the NSA to make requests that were fully covered by the anti-terrorism agreement between the two countries. According to Die Zeit, this was because the BND was worried that the NSA might curtail the flow of its own intelligence data to the German secret services if the selector scheme became embroiled in controversy.
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