REMIT researcher Jakob Bund (European Cyber Conflict Research Initiative) published an op-ed on the Binging Hook on the ways the German law enforcement agencies are hindered in solving by cyber crimes in local jurisdiction.

Jakob Bund, Senior Research for Cyber Conflict and Statecraft, ECCRI comments of his writing: “Blurred lines between criminal groups and state actors have made it difficult to deter cyber threats. Based in safe havens, these threat actors often operate from beyond the reach of traditional means of law enforcement. These challenges have put the focus on authorities to disrupt the tools and infrastructure used for malicious cyber activity close to their source, to prevent harm in the first place. The takedown efforts of Germany’s federal criminal police, the BKA, are a noteworthy example for how law enforcement agencies signal the limitations of their mandate. Germany’s case further highlights the importance of transparent legal frameworks to ensure that law enforcement authorities are equipped to respond to evolving cyber threats and supported by appropriate oversight.”

Abstract

The logo of Germany’s federal criminal police, the Bundeskriminalamt (BKA), has been a fixture of recent law enforcement announcements of successes in disrupting malicious cyber activity. The agency participated in internationally coordinated takedowns of a series of dangerous malware networks. Despite the high level of activity, legal ambiguity around the BKA’s powers prevents the organisation from proactively combatting threats. In 2021, a change of government stymied plans that would have allowed the BKA to dismantle criminal control nodes to stage ransomware attacks and distribute other malware. The organisation has therefore relied on a reinterpretation of search-and-seize rules to actively degrade cyber threats. This leaves the BKA with unusual latitude in shaping Germany’s approach to law enforcement hacking. 

Full Citation

Jakob Bund, “Bureaucratic initiative redefines German law enforcement cyber operations,” Binding Hook, August 2024.
https://bindinghook.com/articles-hooked-on-trends/bureaucratic-initiative-redefines-german-law-enforcement-cyber-operations/

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