Statements from the law for the limit the letter -, mail - and Fernmeldegeheimnisses
(Law to articles 10 Constitutional Law) (G 10) from 13th August 1968

(1) There are
1. the protection of the Constitution authorities of the league and the countries, the office for the military counterintelligence and the German Intelligence service to the defense of threatening dangers for the liberal democratic constitution or the existence or the security of the league or a country including the security it in the Federal Republic of Germany stationed troops the nichtdeutschen contract states of the Nordatlantik - contract,
2. der German Intelligence service in the border of his tasks after § 1 paragraph 2 of the Bnd - law also to it in § 3 paragraph 1 set 2 No. 2 to 6 certained purposes authorizes, to monitor which Fernmeldeverkehr and, to open in the cases of the number 1 also them to record the letter - or mail mystery being subject to shipments and to understand.

Articles 1 § 2

(1) limits after § 1 paragraph 1 No. 1 No. 1 may will under the there marked requirements ordered, if actually reference points exist for the suspicion, that somebody
1. Straftagen of the peace treason or the high treason (§§ 80, 80 a, 81, 82 and 83 the Criminal code),
2. Criminal offenses of the threat of the democratic constitutional state (§§ 84, 85, 86, 87, 88, 89 the Criminal code, § 20 paragraph 1 No. 1, 2, 3 and 4 the union law),
3. Straftagen of the treason and the threat of the outer security (§§ 94, 95, 96, 97 a, 97 b, 98, 99, 100, 100a of the Criminal code),
4. Criminal offenses against the national defense (§§ 109 c, 109 f, 109 g of the Criminal code),
5. Troops stationed criminal offenses against the security it in the Federal Republic of Germany the nichtdeutschen contract states of the Nordatlantik - contract (§§ 87, 89, 94, 95, 96, 98, 99, 100, 109 e, 109 f, 109 g of the Criminal code together with articles 7 of the fourth of criminal law amendment of that 11. June 1957 in the poise of the eighth of criminal law amendment),
6. Criminal offenses after § 129 of the Criminal code or
7. Criminal offenses after § 92 paragraph 1 No. 7 of the foreigner law plans, commits or has committed. Equal counts, if actual reference points exist for the suspicion, that somebody is member of an union, their purposes or their activity on it are directed, to commit criminal offenses, which are directed at the liberal democratic constitution, the existence or the security of the league or a country.

(2) An order after paragraph 1 is only permissible, if the research of the fact would be complicated on other way hopeless or essentially. She/it may conform only at the suspect or at persons, by them by virtue of certain facts is to be assumed, that she/it determined for the suspect, or from him/it stemming communications accept or transmit or that the suspect uses their -Anschluss. Representative mail of members of the German of Bundestag and the Parliaments of the countries may not be included in a measure, which conforms at a third. That does not count, if and as far as the commission has ascertained, that concrete circumstances justify the acceptance, that the mail does not originate from the representative. § 9 paragraph 2 set 2 counts accordingly.

Articles 1 § 3

(1) Besides in the cases the § 2 may not be ordered for proposition of the German Intelligence service limits after § 1 for international leitungsgebundene Fernmeldeverkehrsbeziehungen, which determines it after § 5 responsible Federal ministers with consent of the representative committee according to § 9. You/They are only permissible for the collection of news over facts, their knowledge is necessary, around the danger

1. an armed attack on the Federal Republic of Germany,
2. the perpetration of international terrorist impacts in the Federal Republic of Germany
3. the international dissemination of war weapons in the sense of the law over the control of war weapons as well as the prohibited foreign trade traffic with products, Datenverarbeitungsprogrammen and technologies in the sense of the part I the export list (equipment AL for the foreign trade ordinance) in cases of considerable meaning,
4. the unauthorized Verbringung of narcotics in not slight volume from the foreign countries in the area of the Federal Republic of Germany,
5. in the foreign countries of committed counterfeits as well as
6. the money wash in the connection with it in the numbers 3 to 5 named acts

in time a such danger to recognize and to meet. In the cases of the number 1 limits may be ordered according to set 1 also for leitungsgebundene Fernmeldeverkehrsbeziehungen and for mail traffic relations.

(2) For limits in the sense of the paragraph 1 may use the Bundesnachrichtend5ienst only search keys, which marked for the enlightenment of facts over it in the order danger range certainly and suitable are. The search keys may contain no identification features, the Fernmeldeanschlüsse certain for an aimed acquisition lead. Set 2 does not count for Fernmeldeanschlüsse in the foreign countries, in so far as can be excluded, that connections

1. German citizens or
2. from companies with the seat in the foreign countries, if the predominant part of their capability or their capital as well as the actual control over the company belongs to German natural or legal persons and the majority of the representation claimant are German citizens,

aimed are recorded. The search keys are to be named in the order. The implementation is to be recorded with technical means; she/it is subject to the control according to § 9 paragraph 2. The protocol data may be used exclusively to purposes of the protection of data privacy control. You/They are at the end of the calendar year, which follows the year the Protokollierung, to delete.

(3) Bei der Durchführung von Maßnahmen nach Absatz 1 erlangte personenbezogene Daten dürfen nur zur Verhinderung, Aufklärung oder Verfolgung von Straftaten verwendet werden, die in § 2 dieses Gesetzes und in § 138 des Strafgesetzbuches bezeichnet sind, sowie von Straftaten nach den § § 261 und 264 des Strafgesetzbuches, § 92 a des Ausländergesetzes, § 34 Abs. 1 bis 6 und 8 und § 35 des Außenwirtschaftsgesetzes, §§ 19 bis 21 und 22 a Abs. 1 Nr. 4, 5 und 7 des Gesetzes über die Kontrolle von Kriegswaffen oder § 29 a Abs. 1 Nr. 2, § 30 Abs. 1 Nr. 1, 4 oder § 30 a des Betäubungsmittelgesetzes, soweit gegen die Person eine Beschränkung nach § 2 angeordnet ist oder wenn tatsächliche Anhaltspunkte für den Verdacht bestehen, daß jemand eine der vorgenannten Straftaten plant, begeht oder begangen hat. § 12 of the Bnd - law remains untouched.

(8) persons affected, their data through a measure after paragraph 1 have been attained, the limit is to be informed the Fernmeldegeheimnisses, as soon as a threat of the purpose of the limit and the application can be excluded. A communication remains undone, if the data

1. from the German Intelligence service within three months after acquisition or
2. by the authority, who have been transmitted them/it/her after paragraph 5, within three months after receipt

destroyed have been. The communication is incumbent on the German Intelligence service, in which trap the übermittlung after paragraph 5 of the receiver authority.

Articles 1 § 9

(1) It after § 5 paragraph 1 for the order of limit measures responsible Federal ministers instructs at intervals of at most six months a committee, which certained from nine by the Bundestag representatives exists, over the implementation of this law.

(2) The responsible Federal minister instructs monthly a commission about the limit measures ordered by him/it before their execution. With danger in the delay he/it can order the execution of the limit measures also already before the instruction of the commission. The commission decides from office because of or on the basis of complaints on the admissibility and necessity of limit measures. Orders, which does not explain the commission for inadmissible or necessarily, has to pick up the responsible Federal minister immediately.

(4) The commission is composed of the chairman, who must own the aptitude to the justiceship, and three assessors. The members of the commission are not subjected in their administration independent and directions. You/They perceive a public honorary office and are ordered by that in paragraph 1 named committee after hearing of the federal government for the duration of a choice period of the Bundestag with the proviso, that their term of office first with the Neubestimmung of the members of the commission, at the latest however three months at the end of the choice period ends. The commission gives itself an agenda, which needs the consent the in paragraph of 1 named committee. Before the consent the federal government is to be heard. The voice of the chairman decides at tie.

 

Members of the committee according to § 9 paragraph 1 of the law for the limit the letter -, mail - and Fernmeldegeheimnisses (law to kind. 10 GG)
Fraction	Delegated
CDU/CSU	Eylmann, nest Dr. Schmidt (throat bridge), Joachim Stone brook, Erika Zeitlmann, Wolfgang
SPD	Antretter, Robert Börnsen (Ritterhude), Arne Professor Dr. Däubler-Gmelin, Herta
Union 90/DIE GREEN	Tube, Rezzo
F.D.P.	Dr. Stadler, Max

 

Members of the commission after § 9 paragraph 4 of the law for the limit the letter -, mail - and Fernmeldegeheimnisses (law to kind. 10 GG)
Members	Representatives
for the CDU/CSU
RegPräs a.D. Dr. Miltner, Karl	Dr. Vorndran, Wilhelm, Landtagspräsident a.D.
for the SPD
Senate director a.D. Professor Dr. Arndt, Claus	Attorney Professor Dr. Gester, Heinz
for the F.D.P.
Attorney tree, Gerhart Rudolf, Federal ministers a.D.	Ronneburger, Uwe