Bird & Bird represents DE-CIX in legal action against Germany's Federal Intelligence Service

22 September 2016

Bird & Bird LLP has been appointed to represent DE-CIX Management GmbH - the provider of the largest Internet exchange point - in its legal action against the Federal Republic of Germany before the Federal Administrative Court in Leipzig.

DE-CIX is bringing a judicial review against the Federal Republic of Germany regarding  the practice of strategic telecommunication surveillance carried out by the Federal Intelligence Service (BND), according to § 5 of the G10 law which is analogous to the controversial U.S. Foreign Intelligence Surveillance Act (FISA), and allows the strategic monitoring of international communications. The legal action follows a recent expert opinion published by Prof. Dr. Hans-Jürgen Papier, the former President of the German Federal Constitutional Court, who expresses strong doubts about the legality of the current monitoring practice. The monitoring practice became public through the NSA investigation committee of the German Bundestag.

The DE-CIX Management GmbH is being represented by the following Bird & Bird lawyers: Managing Partner of Germany Sven-Erik Heun (Lead), Counsel Valerian Jenny and Associate Dr. Simon Assion, all commercial lawyers specialising in Technology & Communications, Frankfurt am Main.