Germany's controversial cyberattack law sparks legal and ethical backlash
A proposed law granting German security agencies powers for digital counterattacks has drawn sharp criticism. Johannes Schätzl, the SPD's digital policy spokesperson in the Bundestag, has warned against expanding offensive cyber capabilities for the Federal Police, BKA, and BSI. He argues that such measures could violate international law and put civilian systems at risk.
The draft legislation would allow authorities to actively intervene in foreign IT systems. Schätzl acknowledges the need to bolster cyber defences but firmly opposes offensive tactics like hackbacks. He insists that international legal norms must govern state actions in cyberspace.
Schätzl also highlights the lack of clarity in defining what counts as a hackback. He questions the wisdom of infiltrating or manipulating systems without absolute proof of their role in an attack. While some argue Germany should match allies like the UK and US in active cyber defence, the proposal offers no concrete details on how such measures would work in practice. His concerns extend to potential unintended consequences. Without strict legal boundaries, he warns, offensive operations could escalate conflicts or harm unrelated infrastructure. Schätzl stresses that any new powers must align with existing international frameworks to prevent misuse.
The SPD spokesperson's warning puts pressure on the Federal Ministry of the Interior to reconsider the draft law. His stance reflects broader debates about balancing cybersecurity with legal and ethical constraints. The outcome could shape how Germany approaches digital defence in the years ahead.
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