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Berlin Approves New Expansion of Police Surveillance Powers

perihelions

The explanation is deceptively unclear, IMO. What's being authorized is court-ordered searches of a type that were previously prohibited, even for courts to authorize, by strict privacy laws. The US has always had the power to conduct these searches [0]; the "inviolability of the home" human dignity concept doesn't exist in the US. (I'll defer to German people to explain this concept).

As explained in heise.de[1] (in German) about a parallel law being enacted in the state of Mecklenburg-Vorpommern,

> "For the online search, the deputies now also grant the law enforcement the right to secretly enter and search apartments with judicial permission."

[0] e.g. https://www.npr.org/2011/08/02/138916011/home-visits-and-oth... ("Home Visits And Other 'Secrets Of The FBI'")

[1] https://www.heise.de/news/Mecklenburg-Vorpommern-Durchsuchun...

mmooss

> the "inviolability of the home" human dignity concept doesn't exist in the US.

Maybe not under that term, but for example, almost the only place an American's 4th Amendment protections against search and seizure apply is in their home. Law enforcement can search their garbage at the curb, monitor their movements via camera and license plate monitoring, etc., look them up online, all without warrants []. They can't do that in someone's home.

[] I'm pretty sure no warrant is required to search curbside trash or do most online research.

hrimfaxi

The trash search thing varies by state at least.

SoftTalker

What is it about German culture that makes authoritarianism so popular?

Cpoll

Calling it "German authoritarianism" risks thinking it's a localized phenomenon or special case. But it seems more like a regression to the global mean. Most of these expansions are things that have been on the front page of HN, but in reference to the US: cell tower queries, facial recognition, license plate harvesting, long detention periods without being charged, etc.

__turbobrew__

Germans love rules and hate those who don’t (source: scolded by several Germans while travelling there)

astro1138

After decades of a liberal and left senate, Berliners reelected CDU who bankrupted Berlin 25 years ago.

BizarroLand

I wonder why so many governments have such high anxiety right now. They're all acting like the sky is falling. Don't they know what happens to most of the chickens in Chicken Little?

jerf

In a nutshell, the sovereign debt crisis. If you don't realize there's a sovereign debt crisis (ongoing across years), or even more accurately, a wide variety of sovereign debt crises, or even more accurately, a wide variety of debt crises of both sovereign and private entities, well, your governments and some of the more government-adjacent private entities have bent a lot of resources into make sure that's the case and convincing that it's just peachy when they borrow money, if not outright a boon, without regard to how much they borrow or how much they've already borrowed. They may have convinced you that this is true, but they know better.

Whatever happens and however it resolves, there aren't a lot of options where they retain as much power as they have now for very long. (Even if the top people maintain control they're going to be cutting loose a lot of lower level elites because they'll have to because they won't be able to maintain their upkeep.) The wheel turns and we're in that phase where they're still in power, but have begun to feel their decline. Human psychology fears and feels loss much more keenly than gain and they both fear and feel a lot of loss of power underneath the veneer they maintain.

barrenko

European governments anxious yet refuse switch to wartime production...

mothballed

Can't imagine why they'd be anxious.

Life is a negotiation. What the populace brings to the table is they will vote harder next time or maybe a little bit of protests, but mostly just do what they're told and carry on with their jobs and pray things get better. What the government bring is fighter jets and guns and career civil servants who have had a lifetime of training how to fuck you, the might and wishes of the rich and powerful, and lording power by taxing you then redistributing it back as benefits that then feel depended upon.

If you enter the negotiating table with a sociopath and expect them not to steamroll you when you openly show you have far worse cards, then you're not thinking clearly. Insanity is thinking you can keep bringing the same things to the negotiation table and getting different results.

LightBug1

Spit balling now ... I just feel like the years have rolled on by so quickly now, that we've aged out of all of the lessons we had to learn before. And now we're going to have to learn them all over again.

Muromec

There is an alternative explaination that you will not like.

Maybe we were removing the proverbal fences all the time and are about to learn the hard way to put them back.

mothballed

Classical liberalism is a rare blip of an exception in the history of civilization. As Milton Friedman says, and I paraphrase, it's quite remarkable it happened in the first place, but there's no real guarantee those conditions might ever arise again and no real expectation that it's realistic to think it will be recreated again in any particular desired timespan.

mmooss

So is most technology, widespread literacy, health, freedom, etc. In fact, everything since we were nomadic hunter-gatherers is a blip - should we go back to that? The argument makes no sense; what force is compelling us to go back to hunting and gathering? It's absurd to raise this argument for inevitability, rather than do something about it - which has worked overwhelmingly for generations.

mothballed

I'm not arguing you shouldn't do something about it. I'm a bit of a dreamer myself; I've basically carved out a life in a super rural area with almost no government -- but at the same time I like to be aware of the thoughts of great philosophers like Friedman and the history of this sort of liberalism and use it to my advantage. Knowing what I've stated has allowed me to deal with a world where I can't expect things to get better, even if I hope they will.

My personal take is you can use Friedman's thoughts to your advantage. Be prepared that everything will get much worse. And then maybe you can organize your life to minimize your interaction with the state in case your efforts don't help.

znort_

we ought to stop these decadent crooks from plunging us into fascism and war just to rescue their waning privilege (again), but somehow i don't think we will. so, yeah, lessons to be relearned ahead.

lysace

Fighting extremist terrorism requires tough measures. This one is a bit extra though:

> If the software cannot be deployed remotely, the law authorizes officers to secretly enter a person’s home to gain access.

Clear Das Leben der Anderen vibes. (https://en.wikipedia.org/wiki/The_Lives_of_Others)

However: As usual, the devil is in the details. How much suspicion is required, what's the process, etc. (I assume that a judge needs to sign off.)

danielbln

And as always, plenty of oil runs down that slope to make it slippery. First it's terrorists, then heavy crime, then petty crime, then small things, then it's whoever the powers that be don't deem deserving of freedom. We've been down that road on Germany, but history rhymes, as the saying goes.

lysace

The slippery slope argument always seemed... slippery, to me.

alephnerd

Ironically, the same people who complain about "slippery slopes" become the same people who bemoan the fact that American, Chinese, Russian, and even Vietnamese [0][1] intelligence operate with de facto impunity in Germany and the EU.

Europeans can no longer afford to be the idealists that they were in the 2000s. Every country is runnng influence ops across Europe to a degree that hasn't been seen since the Cold War.

That said, as an American, it's fine for me if Germans and Europeans remain naive. An allied Europe is good, but a naive but controlled Europe is equally as good. For every Atlanticist, we have people who can push our interests in an illiberal manner like Dominik Andrzejczuk.

[0] - https://www.bloomberg.com/news/articles/2024-04-25/berlin-ki...

[1] - https://www.bloomberg.com/news/articles/2025-11-18/vietnam-p...

darubedarob

[flagged]

gwbas1c

The big shift is that law enforcement now has to do their job, instead of trying to make tech companies do their job.

Even more important: The cost of surveillance this way is very high. It's not practical to perform massive surveillance this way, so it requires a reason for targeted surveillance.

alephnerd

Law enforcement and intelligence agencies across Europe were given de facto impunity due to Cold War era policies that were then rolled back in the 2010s.

In 2025-26, the threat profile that most European countries face is comparable in scale to what was the norm during the Cold War, except now most Western European intelligence and law enforcement agencies are not allowed to use the same tools they used to use barely 15 years ago.

As an American, it's fine for me if Germans and Europeans remain naive. An allied Europe is good, but a naive but controlled Europe is equally as good. For every Atlanticist, we have people who can push our interests in an illiberal manner like Dominik Andrzejczuk.

For every Vance, we got a Nuland, and American views on Europe began shifting all the way back in 2011 [0] (for all you guys who will spew the "Politico is Axel Springer" crap, this article is from 2011 - 13 years before the acquisition): "Europeans should be particularly concerned that a strong majority of Americans under the age of 45 now see Asia as more important than Europe" in 2011.

> The cost of surveillance this way is very high. It's not practical to perform massive surveillance this way, so it requires a reason for targeted surveillance

Not really. Data warehousing with cold/hot storage along with basic statistical analysis and inference has become cheap. And even local police departments can afford a $50k-$100k annual contract to work with red teams on bespoke exploit development.

[0] - https://www.politico.eu/article/americans-turn-their-backs-o...

nabnob

What are you calling "extremist terrorism"?

lysace

josefritzishere

That was almost 10 years ago. That does not an existential threat make.

mytailorisrich

Yes. Who decides? Can the police just decide at will? Do they need a warrant?

Secret access to plant bugs is how the FBI beat the mafia in the US in many cases in the 80s and 90s. But there were strict rules.

alephnerd

Most likely under the same tests the the G10 Act has.

ndr

Yet another step towards Turnkey Totalitarianism

https://creativetimereports.org/2013/06/25/surveillance-and-...

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black_13

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