Senate Backs Controversial Internet, Phone Spy Programme

The Nigerian Senate, Wednesday, brushed
aside public discontent with a secret
federal internet and phone spy program,
and gave an early approval to a legislation
seeking to empower authorities to
intercept electronic communications
between, and from Nigerians.
On its second legislative day
from a two-month break,
senators voted in support of a
second reading for A Bill for An Act to Provide
for the Interception, Development And
Protection of Communications Networks and
Facilities For Public Interest And Other Related
Matters, 2013.
If given a third reading eventually, approved
by the House of Representatives, and signed
into law by the president, law enforcement
agencies will have the powers to monitor and
seize Internet and phone data-including
emails, text messages, phone records and
more- from several millions of Nigerians, a
privilege many Nigerians fear will be abused.
The law will be used in tackling terrorism, and
ensuring that electronic communication from
Nigerians are safe, the bill's sponsor, Isa
Galaudu, Kebbi North, said. It will also
criminalize interceptions by unauthorized
persons, and will ensure the confidentiality of
electronic communications.
"Consequently, the bill intends to provide for
certain instances where lawful interception of
communications data by law enforcement
agencies shall be allowed while at the same
time ensuring that privacy and confidentiality
of communications of citizens is maintained,"
Mr Galaudu said.
He said the plan will allow law enforcement
agents block loopholes in the current laws that
provide for no monitoring of or protection
against such communication.
"Regrettably, the advancement of technology
and the convergence of communication system
have created a problem which aids terrorists
and criminals to always keep a step ahead of
the law in their nefarious activities," he said.
"In most cases, these communications may be
the only source for proving that individuals
have been involved in such criminality and
activities that threaten national security."
The bill came months after PREMIUM TIMES
uncovered the federal government's secret
$40 million contract to an Israeli technology
firm, which will provide the technical
infrastructure and the skill to snoop on the
digital activities of Nigerians.
The clandestine programme, awarded to Elbit
Systems, with headquarters in Haifa, will allow
the government spy on citizens' computers
and Internet communications and emails
under the guise of intelligence gathering and
national security.
The project became public knowledge after
PREMIUM TIMES worked out a veiled
announcement of the contract in which Elbit
acknowledged securing the multimillion dollar
project with an African country whose identity
it refused to mention. The company got the
contract without any competitive bidding as
required by federal laws, triggering a House of
Representatives resolution to investigate the
deal.
The House said in June the deal violated the
Fiscal Responsibility law. Makinde Olarotimi,
the deputy chairman of the House Human
Rights committee, one of the three committees
mandated to probe details of the contract,
told PREMIUM TIMES late July that the delay in
the commencement of the investigation was
due to the House's attention on constitution
amendment and the passage of the 2013
budget amendment.
He said the matter remained key to the House,
and that it will be addressed once members
reconvene in September. "The motion came
close to when we were going on recess; we
had the constitution review and the budget
which we considered as priorities. I'm assuring
you that when we resume we are going to do
justice to it for the good of all Nigerians," Mr
Olarotimi said then.
The government initially considered
terminating the contract after Elbit's discreet
announcement, accusing the company of
breaching confidentiality agreement as
evidenced in the PREMIUM TIMES' report. It is
not clear though whether the Senate proposal
was directly anchored on the Elbit contract.
But the bill, first read June 6, 2012, will
undoubtedly provide the needed legal basis for
such programmes.
Amongst other things, the law, when effective,
will provide for protection of communication
against abuse, prohibit unauthorized
interception except for public interest, ban
manufacturing, assembling, processing, and
selling of equipment used illegally as
interception devices.
Coming at a time of international fury over the
United States' embarrassingly extensive secret
internet and phone spy programme, leaked by
former CIA contractor, Edward Snowden,
senators expressed concerns the new law,
though aimed at tackling terrorism, might be
seriously abused.
Atai Aidoki Ali, a senator from Kogi state, said
the bill might allow government witch-hunt
opposition without a court order. He said the
bill is "ambiguous". But Deputy Senate
President, Ike Ekweremadu, said the
government has to deploy unusual methods at
an unusual time, to protect the people.
"The security and protection of our citizens is
paramount; this is the major aspect of the
bill," he said. "It is also important to stop
people using devices to intercept people's
calls. I think with this bill, punishment will be
prescribed for those who intercept calls
illegally."