DATE=1/16/98 TYPE=CORRESPONDENT REPORT NUMBER=2-225389 TITLE=GERMANY / EAVESDROPPING (L ONLY) BYLINE=KYLE KING DATELINE=BONN CONTENT= VOICED AT: INTRO: THE LOWER HOUSE OF THE GERMAN PARLIAMENT HAS APPROVED CONTROVERSIAL NEW LEGISLATION THAT WILL ALLOW POLICE TO PLANT ELECTRONIC LISTENING DEVISES IN THE HOMES OF SUSPECTED CRIMINALS. AS VOA'S KYLE KING REPORTS FROM BONN, CRITICS SAY THE LAW WILL DILUTE GERMANY'S STRONG, POST-WAR GUARANTEES OF PRIVACY AND CIVIL LIBERTIES. TEXT: THE LAW PASSED THE LOWER HOUSE OF THE GERMAN PARLIAMENT BY A TIGHTER THAN EXPECTED MARGIN -- THIS AFTER HOURS OF SOMETIMES LIVELY DEBATE. IF IT PASSES THE UPPER HOUSE, THE BILL WILL RESTORE EAVESDROPPING POWERS THAT HAVE BEEN BANNED SINCE THE NAZI ERA. HEINER GEISSLER, A MEMBER OF CHANCELLOR HELMUT KOHL'S PARLIAMENTARY COALITION, ACKNOWLEDGED THE NEED TO PROTECT CIVIL LIBERTIES. // GEISSLER ACT, IN GERMAN, FADES // "BUT I REPEAT," MR. GEISSLER EMPHATICALLY TOLD THE PARLIAMENT -- "THIS LAW IS NEEDED FOR NOTHING LESS IMPORTANT THAN FIGHTING CRIMINAL ACTIVITY." ALTHOUGH THE NEW LAW WILL REQUIRE POLICE TO OBTAIN A JUDGE'S PERMISSION TO PLANT BUGGING DEVISES IN PRIVATE HOMES, CIVIL LIBERTIES GROUPS AND SOME OPPOSITION LAWMAKERS SAY THE BILL WILL DILUTE STRONG CONSTITUTIONAL PROTECTIONS ENACTED AFTER WORLD WAR TWO. MANFRED SUCH, A LAWMAKER FOR THE ENVIRONMENTAL "GREENS" PARTY, IS A LEADING CRITIC OF THE BILL. // SUCH ACT IN GERMAN -- ESTABLISH AND FADE OUT // THESE SURVEILLANCE MEASURES, HE SAID, ARE AIMED AT SUSPECTS THAT UNDER THE HUMAN RIGHTS CONVENTION SHOULD BE CONSIDERED NOT GUILTY. GERMAN OFFICIALS SAY ELECTRONIC SURVEILLANCE OF PRIVATE HOMES WILL ONLY BE USED IN RARE CIRCUMSTANCES. THEY SAY SUCH EXPANDED POLICE POWERS ARE NEEDED TO FIGHT WHAT THEY CONTEND HAS BEEN A EUROPEAN-WIDE SURGE IN ORGANIZED CRIME. IF THE BILL BECOMES LAW, CIVIL LIBERTIES ADVOCATES VOW TO TAKE THEIR FIGHT TO THE COUNTRY'S SUPREME COURT BECAUSE. THEY SAY CONVERSATIONS WITH DOCTORS, JOURNALISTS OR LAWYERS NEED TO BE PROTECTED. THE CHAIRMAN OF ONE GERMAN CIVIL LIBERTIES GROUP, WOLF DIETER NARR, SAYS HE OBJECTS TO THE BILL BECAUSE IT EXPANDS THE POWERS OF THE STATE OVER THAT OF CITIZENS. // NARR ACT // THE BIGGEST DANGER WILL BE THE ARBITRARINESS -- THE ROOM OF MANEUVERING OF THE EXECUTIVE IS BECOMING LARGER ON THE ONE SIDE. ON THE OTHER SIDE THE CITIZENS -- ESPECIALLY THE CONCERNED CITIZENS, THE POLITICAL CITIZENS -- WILL BECOME MORE SKEPTICAL IN REGARD TO WHAT THE GERMAN DEMOCRACY AND THE GERMAN GOVERNMENT IS ALL ABOUT. // END ACT // DESPITE THEIR CONCERNS, EVEN CIVIL LIBERTIES GROUPS REJECT ANY SUGGESTION THAT THE BILL WILL BRING A RETURN OF THE KIND OF WIDESPREAD ABUSES THAT TOOK PLACE IN THE NAZI ERA. WHAT THEY ARE HOPING FOR IS THAT THE BILL WILL BE DEFEATED IN THE UPPER HOUSE AND WILL THEN GO TO A SPECIAL COMMITTEE THAT WILL ADDRESS THEIR CONCERNS ... AND LIMIT THE SCOPE OF THE MEASURE. (SIGNED) NEB/KBK/PCF 16-Jan-98 11:12 AM EST (1612 UTC) NNNN Source: Voice of America .