Should The Police Be Tapping Your Phone?

From: James M. Atkinson <jm..._at_tscm.com>
Date: Tue, 18 Apr 2006 13:33:07 -0400

http://www.mmegi.bw/2006/April/Tuesday18/8447634601575.html

Should The Police Be Tapping Your Phone?

GUEST COLUMN
TIRO SEBINA
4/18/2006 3:28:24 PM (GMT +2)

Recent media reports on the increasing political role of intelligence
services indicate that some members of the politically active
community are apprehensive about what they perceive as erosion of
their civil liberties. Members of both the ruling party and some key
members of opposition parties, leaders of civic organisations and
government officials regularly provide anecdotes relating to
surveillance by what they consider to be the shadowy elements of the
political police.


One of the creepy forms of state surveillance is the practice of
phone tapping whereby the eavesdropper gathers details of private
conversations and then later transcribes and files them for future
use. Some powerful figures are talking about co-ordination and
streamlining of national intelligence agencies to ensure that they
operate in accordance with the best practices in the field. To some
extent, there is consensus regarding the positive role played by
intelligence and security services in protecting strategic national
interests. Intelligence services safeguard against internal and
external threats to "our" way of life, "our" famed peace, stability
and tranquillity.

Most commentators agree that there is need for an efficient
intelligence-gathering agency. Some argue that unless great statutory
care is taken to ensure the independence and public accountability of
such an institution, it may be open to political and even criminal
abuse. Others suggest that the intelligence agency should be subject
to parliamentary control and that its operatives should be
professionals of impeccable calibre and credentials.

The creation of CIA, America's intelligence organisation, by the
National Security Act of July 26, 1947 provides a cautionary example.
Besides its clear mandate of co-ordinating military and diplomatic
intelligence, its crucial tasks included carrying out "unspecified
services of common concern" and "other functions and duties".
Successive American presidents used the agency in domestic and
foreign espionage, covert action, paramilitary operations,
exportation of counter-revolution, undermining sovereignty of
countries and political assassinations exploiting the vagueness and
elasticity of such terms of reference. This led to the creation of an
invisible layer of government whose potential for abuse is
unrestrained by any sense of accountability. The main feature of
intelligence agencies is their secretive and covert nature.

They operate in a ghostlike fashion as if they do not exist.
Individuals who try to complain about violation of their right to
privacy and infringement on civil liberties are often easily
dismissed. Their flimsy protestations are hardly taken seriously.
Even former leaders of opposition in Parliament seem to be hapless
targets of the relentless gaze of the state machinery. Since
independence, the good old Special Branch has been taking care of
matters concerned with internal security and political intelligence.
The political branch of the police has been on the lookout for signs
of internal subversion. It operates partially under cover. It
performs tasks of guarding VIPs and watching airports, border posts,
observing the expatriate and exile community and so on. The political
branch of the police may monitor the activities of leaders and
full-time officials of political organisations, important and
influential activists in various causes, union officials, Members of
Parliament and Cabinet Ministers, lawyers, lecturers, researchers and
journalists.

The political police units are by nature insatiable. There is no end
to what they can be legitimately interested in. They probably follow
student leaders, shebeen operators, dingaka tsa setso, media
personalities, government officials and workers employed in firms
with government contracts. They are inclined to tap into everything.
Most of the information obtained by political intelligence services
is either publicly available or freely given. Members of the
political police only have to scrutinise newspapers, magazines and
leaflets in order to note the names of political activists appearing
in the press and details of people attending trade union meetings.
Many security activities are fairly above board and routine. The
blanket and mandatory surveillance of demonstrations and political
rallies is a case in point. Video cameras are often used to record
the whole length of demonstrations and marches. Officials and
operatives of the political police prepare reports on public
meetings. They note the content of the speeches as well as
resolutions passed at such gatherings.Special Branch officials often
approach employers, government officials, social workers, doctors and
teachers to ask for information. While it may be true that many
individuals are under some kind of surveillance, most people are not
of particular interest to the political police. However, once they
get involved in particular campaigns, the likelihood of surveillance
increases.

Due to technical constraints and human limitations, only a handful of
people can be under serious surveillance. Though selective, the
practice of snooping may have adverse effects in terms of instilling
a culture of paranoia, mutual suspicion and toxic silence. More
public education on the role of intelligence agencies in enhancing
democracy would be in order. A useful study on such matters is 'The
History and Practice of Political Police in Britain' (1976) written
by Tony Bunyan, an investigative reporter specialising in civil
liberties and freedom of information in the European Union region.
Though dated, it gives sufficient insight into the history and
operations of intelligence agencies in the context of parliamentary democracy.





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