Controversial spyware: Federal authority in contact with “Intellexa”

At least one federal agency is interested in spy software from the controversial Intellexa consortium. This is shown by research by SWR and “WORLD”. The “Predator” software is said to have been used in the wiretapping scandal in Greece.

After commercial spying and surveillance software was said to have been used against members of the opposition in several EU countries, an investigative committee of the EU Parliament has been dealing with the issue since March last year. A parliamentary investigation was launched in Greece after it became known that the conservative head of government had ordered several politicians and journalists to be monitored and spied on using the “Predator” spyware. The Greek investigators have searched numerous offices in this connection in recent weeks, and last week there was a first arrest.

Spy software for secret services and militias

Behind “Predator” is a consortium of spy software providers called “Intellexa”. According to a 160-page draft report by the committee of inquiry, it has branches in Cyprus, Greece, Ireland and France, among other places. The company name appears on 22 pages in the document from last November.

“Intellexa” was founded in 2019 by Tal Dilian in Cyprus. Dilian previously held several influential posts in the Israeli security and intelligence apparatus. On its website, the ‘Intellexa’ Alliance describes itself as an EU-based and EU-regulated company for the purpose of developing and integrating intelligence-enhancing technologies.

The Dutch research platform “Lighthouse Reports” and the Israeli newspaper Haaretz recently reported on alleged covert sales of “Intellexa” surveillance technology to a notorious militia in Sudan. “Intellexa” is “de facto a pirate organization,” the report quoted an industry expert in Israel as saying.

Sensitive area of ​​the security authorities

Whether software from “Intellexa” or its subsidiaries is used by German security authorities is also the subject of a current inquiry from the Left Party to the federal government. The answers now lie with him SWR and the “WORLD” before. Most questions remain unanswered with reference to the welfare of the state. Even in classified form, i.e. while maintaining confidentiality, the federal government refuses to answer. These “would seriously jeopardize the ability of the affected security and law enforcement agencies and intelligence services to work and perform their duties.”

But the federal government does admit contact with Dilian’s companies: “In order to carry out its tasks with regard to the further development of cyber capabilities in the field of information technology surveillance, ZITiS has been in contact with representatives of the company ‘Intellexa’ and its subsidiary CYTROX since 2021 in order to to obtain information about the company’s portfolio from a market survey. This also includes an examination of the products and services offered by the company.” The Central Office for Information Technology in the Security Sector ZITiS has the task of supporting federal authorities in questions of digital forensics, telecommunications surveillance and cryptanalysis.

Former intelligence coordinator as a lobbyist?

Research by the SWR and “WELT” that the former secret service coordinator Bernd Schmidbauer apparently worked as a lobbyist and door opener for “Intellexa” at federal authorities. The former CDU politician recently made the headlines after the Wirecard bankruptcy. information that SWR and “WELT” show that Schmidbauer was summoned to the Chancellery in August 2021 after his appearance in the Bundestag, which MPs described as “bizarre”. With a view to reporting, he was reminded of his continuing confidentiality obligations.

After this appointment, the former secret service coordinator probably also acted as a representative for the products of the “Intellexa” group of companies. The research revealed that Schmidbauer contacted the President of the Federal Office for Information Security (BSI), Arne Schönbohm, who has since been fired, by telephone and email in November 2021 to arrange a meeting with the company “Intellexa”. After further mail traffic, which was forwarded to the responsible department in the BSI, it is said that a meeting never took place.

In February 2022 there was contact between Schmidbauer and the President of the Central Office for Information Technology in the Security Sector (ZITiS). The occasion was the presentation of the company “Intellexa”. In May 2022, Schmidbauer managed to get the Vice President of the Federal Office for the Protection of the Constitution on the phone, as a result of which there was a meeting with BfV employees at the beginning of July to present “a company”. A written request from SWR and “WELT” to several Schmidbauer e-mail addresses have so far remained unanswered.

A government spokesman said on request: “We generally do not comment on such appointments. This does not make any statement as to whether the facts of the case are correct or not.” When asked whether the federal government had any plans to restrict Schmidbauer’s lobbying activities, the government spokesman said: “The public-law official relationship as Minister of State, during which Mr. Schmidbauer worked in the Federal Chancellery, ended on October 27, 1998. After his Leaving office, the provisions of the Act on the Legal Relationships of Parliamentary State Secretaries (ParlStG) remain applicable, which does not contain any regulations with regard to the information you have requested on the restriction of lobbying activities.

Controversial lobbying

“When lobbyists recruit high-ranking officials from security agencies, it can be extremely problematic, because it gives them access to exclusive insider knowledge and contacts. There can also be serious conflicts of interest,” says Timo Lange from Lobbycontrol.

“I find it remarkable how Mr. Schmidbauer continues to have the doors open to security authorities,” says Fabio de Masi, who, as a member of the Bundestag, has dealt intensively with the Wirecard affair and Schmidbauer, on the research of “WELT” and SWR. “If Mr. Schmidbauer introduced our security authorities to a cyberhacking company that was used against opposition politicians and journalists in Greece, there is a long way to go for democracy. If similar events were to be confirmed in Germany, it would be a serious violation of the constitution and would have to result in criminal penalties. “