Tackling communications surveillance in SA Murray Hunter Right2Know

RICA: the good, the bad... … the unlawful

Reference points Media Policy & Democracy Project (MPDP) research Collaboration between UNISA and UJ communications studies See mediaanddemocracy.com/communication-surveillance.html “Necessary & Proportionate” Principles International Principles on the Application of Human Rights to Communications Surveillance * See necessaryandproportionate.org

Legal framework The Constitution Section 14: protects right to privacy – subject to reasonable limitation. Chapter 11: intelligence officials may not obey an illegal order; security structures may not prejudice or advance political party interests. National security mandate In 2013, a new law was passed that limited the SSA's intelligence mandate (General Intelligence Laws Amendment Act). As a result “Lawful political activity, advocacy, protest or dissent” is explicitly excluded from definition of 'national security'

Mapping out intelligence structures Military Intelligence

How RICA works (sort of) Metadata stored for 3-5 years RICA judge for “real time” interception Any magistrate for archived metadata

The Matthews Commission (2008) Download: r2k.org.za/matthews-commission

The Matthews Commission (2008) Download: r2k.org.za/matthews-commission NCC… “Unlawful and unconstitutional”

Stories of surveillance More at bigbrother.r2k.org.za

Stories of surveillance Mzilikazi wa Afrika & Stephan Hofstatter (Sunday Times): metadata intercepted by Crime Intelligence via phony warrant

Stories of surveillance Sam Sole (AmaBhungane): transcripts of conversations between journalist and source submitted in court

Stories of surveillance Paul Scheepers (suspended Cpt in Crime Intelligence): facing charges for using phony warrants to intercept metadata & for selling “Grabber”

Viewing critics and dissenters as “threats” to national security

Where are the watchdogs? 1. RICA judge(s) Currently Justice Yvonne Mokgoro (previously on Con Court)

Source: r2k.org.za/secrecy-report-2014

Where are the watchdogs? 2. Inspector General of Intelligence

Where are the watchdogs? 2. Inspector General of Intelligence

Where are the watchdogs? 3. Joint Standing Committee on Intelligence

Where are the watchdogs? 3. Information Regulator (POPI) - tbc

UN Human Rights Committee (2016) “...concerned about the relatively low threshold for conducting surveillance in SA and the relatively weak safeguards, oversight and remedies against unlawful interference” Download UN HRC report: r2k.org.za/un-report-sa

TAKING ACTION Time to #FixRICA and end surveillance abuses

TAKING ACTION Time to #FixRICA and end surveillance abuses Source: Protecting general privacy: 1) Drop SIM card registration 2) End mass storage of data

TAKING ACTION Strengthen judicial protections: 3.1 Raise the threshold for issuing warrants 3.2 Metadata must be better protected Time to #FixRICA and end surveillance abuses Source:

TAKING ACTION Greater transparency 4.1 Users must be notified when their data has been intercepted 4.2 Network providers and internet service must disclose how often their customers’ are intercepted 4.3 Greater transparency around communications surveillance in general Time to #FixRICA and end surveillance abuses Source:

TAKING ACTION More and better oversight 5.1 There needs to be independent oversight of the work of the Rica judge 5.2 Appoint key surveillance watchdog figures Time to #FixRICA and end surveillance abuses Source:

TAKING ACTION Most importantly End mass surveillance! Time to #FixRICA and end surveillance abuses Source:

Questions for the future