Senate backs controversial internet, phone spy programme

The bill will provide a legal footing for the
federal government’s internet and phone
spy program.
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 their 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.”