Parliamentarians demand legislation on 'spy machine'

This is the latest saga on the debate over the merits and demerits of having the system which is being referred to as a 'spy machine' in the country which will be operated by the Malawi Communication Regulatory Authority (MACRA).

Law to protect citizens from abuse

Opposition Malawi Congress Party (MCP) Legal Affairs spokesperson and MP for Dedza North West, Alekeni Menyani said the machine needs to be under a special law in order to protect the people from abuse of the machine by government, which is all intent to roll it out despite vehement opposition.

"We should have specific legislation to protect Malawians on this machine," said Menyani, "The machine is so sophisticated and can do many things including listening to voice. Malawians should feel protected from abuse of the machine."

Special law demanded

Another opposition parliamentarian for United Democratic Front, Clement Chiwaya also demanded for a special law on the machine.

While looking at the government side in parliament Chiwaya questioned, "Where is the legal framework on the machine so that when you start abusing our communication we can go to court?"

But Information and Civic Education Minister, Patricia Kaliati, who has recently resorted to using threats to force for the commissioning of the machine, shot back at the opposition parliamentarians.

At first she claimed that people can still use provisions of the Communications Act to seek legal redress if the machine is abused, but the when the opposition MPs said this is a long shot because there is nothing specific in the said law on the machine she responded, "The machine is not for checking people's conversations. We are not going to abuse the machine. You [the opposition MPs] have been complaining of poor quality service and that you are being overcharged by phone operators why are denying the machine now?"

Mobile phone operators reject 'spy machine'

Kaliati has argued on different forums that mobile phone operators have no mandate to reject the machine. She has threatened to revoke licences for the operators for attempting to override MACRA's mandate on their continued rejection of the machine. The operators have refused to comment saying the matter is in court.

"Government cannot bow down to the operators. They might be exercising their rights in getting injunctions, but we are the ones who issue licences. There are many looking for the licences," she warned.

She cited Section 31 of the Communications Act that allows MACRA to monitor and enforce compliance.

Operators have laughed off claims by government that they are the ones who went to court.

The High Court in Blantyre granted an order to two concerned citizens restraining MACRA from using the machine on the operators saying it would invade people's privacy.

On 3 December 2011, the debate took another twist when MACRA declared that it has won against the country's telecommunication operators over the 'spy machine'.

Operators to fight to the end

But the operators hit back in an interview with one of the country's weeklies where they described MACRA's sentiments as 'wishful thinking', saying with the issue now in court they will fight on to the end until they get what they are fighting for.

MACRA director general, Charles Nsaliwa told Malawi News that the regulator is coming out victorious in the protracted wrangle with telephone operators in a bid to implement the CIRMS project which has raised eyebrows after it was revealed that the machine can be used to listen to conversations and read text and email messages, among other things.

"As Macra we have filed for the vacation of the court injunctions which the court granted against us. Our understanding is that they have given up as they indicated in their press statement where they asked their customers not to blame them if anything goes wrong," Nsaliwa was quoted as saying.

The paper reported that Nsaliwa was referring to a press statement from the four operators Malawi Telecommunications Limited (MTL), Airtel, Telecom Networks Malawi Limited (TNM) and Access Communications Limited (ACL), which was carried in the print media on 21 November 2011.

Among other things, the statement concluded, "We, therefore, continue to alert our customers and members of the general public that, once the system is implemented in its current form, the operators will no longer be in a position to safeguard the privacy and confidentiality of customers communication activities."

But Nsaliwa dismissed the operators' sentiments saying they should not cause unnecessary public alarm saying as a regulator they already requested them to submit Call Detail Records (CDR) which they handle with the confidentiality they deserve.

He said that the Communication Act gives MACRA the mandate to monitor all activities within the sector and that this is sufficient but wondered if MACRA will monitor the operators through the window with the attitude they are showing.

Airtel managing mirector, Saulos Chilima dispelled MACRA's claims that the operators had retreated in their position in an interview with Malawi News.

"If at all we have given up the fight, why are there court cases, it doesn't make sense. What we know is that there are court injunctions and with due respect to the judiciary, we will wait patiently for its determination. If MACRA think what we said in the statement is a signal of surrender, they are entitled to their opinion," said Chilima.

Head of Regulatory Affairs for Malawi Telecommunications Limited (MTL), Christopher Chibwana is also reported to have echoed Chilima's argument.

"It is not that we have given up on this issue. As operators, our argument has always been that there is a need to enact a specific law in order to allow this machine to be used in the country. We believe that in the absence of such legislation (not the Communication Act) per se, the device will be prone to abuse infringing people's right to privacy in the name of lawful intercept," said Chibwana.

The way the battle over the machine is going, commentators have said it is still difficult to see any side relenting on the matter.