The Case Against EU Cyber Sanctions for the Bundestag Hack

The Case Against EU Cyber Sanctions for the Bundestag Hack

The German Ministry of Foreign Affairs informed Moscow on May 28 that the German federal prosecutor had issued a sealed arrest warrant for Russian military intelligence officer Dmitriy Sergeyevich Badin over the 2015 Bundestag hack. Among other items, the hack resulted in the exfiltration of 16 GB of sensitive emails and documents and necessitated a complete overhaul of the parliament’s information technology network to ensure the intruder was ousted. The ministry also announced that Berlin will press the EU Council to impose EU restrictive measures (so-called EU cyber sanctions) against Badin and anyone else involved in the Bundestag hack.


The German move is the first time the EU cyber sanctions regime has been invoked since its creation in mid-May 2019. But is it wise for the EU to use that regime in the current case?


Institutionally speaking, the German proposal is still in the early phase of the EU Council’s legislative procedure. On June 3, the Horizontal Working Party (HWP) on Cyber Issues within the council sat down to commence initial discussions on the German proposal to impose EU cyber sanctions over the Bundestag hack. As a preparatory body, the HWP is not a decision-making organ. Instead it serves as a cross-cutting working platform whose task is to help coordinate various work strands and prevent the fragmentation of EU cyber policy issues. Specifically, the HWP is responsible for enhancing the exchange and sharing of information, identify and exploit policy synergies, assi ..

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