Yes to Phone Bugging Scheme

Opponents of lawful interception (LI) don't have a leg to stand on when they argue that the legally sanctioned official access to private communications, such as telephone calls or e-mail messages by security agencies is violation of citizens’ privacy.

This is beacuae lawful interception has become increasingly necessary because of the sophistication of criminal enterprises in exploiting emerging communications channels such as the internet.

The anonymity technologies provide offer them comfort.

Today, illegal and unauthorized Internet usage has increased due to open communications policy in Nigeria and despite all the efforts to curb and detect these illegal usage activities, criminals have continued to thrive due to many back door paths.

In fact, technology savvy criminals are the greatest threat to Nigeria’s national security.

Terrorists love the Internet and exploit all possible way of communications among themselves through the Internet.

Politicians also use of Internet to spread their propaganda and message to their supporters.

Illegal betting organizations make use of Internet for illegal transactions.

Drugs and weapons dealers exploit the Internet to close on drug and weapons smuggling deals.

The concern here is that we are closing our eyes and waiting for kegs of gunpowder to explode in our faces.

Criminal activities pose real challenge to organizations responsible for protecting public safety including the police and courts.

But with lawful interception, in response to a warrant from a judge, lawful interception is performed simply by applying a 'tap' on the telephone line of the target, making it possible for security agencies in Nigeria to listen to terrorist and criminal cell phone calls and gather communications intelligence on their dark activities.

It is highly desirable and Nigerian Communications Commission (NCC), the major proponent has sufficient backings from Section 70 of the Nigerian Communications Act, 2003 and all other powers enabling it in that regard.

A draft guideline posted on NCC website requires service providers and Internet service providers to implement their networks to explicitly support authorized electronic surveillance.

“These regulations are made to provide a legal and regulatory framework for the lawful interception of Communications in Nigeria, the collection and disclosure of intercepted Communications. These Regulations shall; provide the legal and regulatory framework for the lawful interception of Communications in Nigeria and to put into effect the provisions of sections 146 and 147 of the Act; specify the nature and types of Communications to be intercepted; prescribe penalties for non-compliance with these Regulations; provide a notification procedure to the Commission of all Warrants issued, amended renewed or cancelled under these Regulations; ensure the privacy of subscribers as contained in the Constitution of Federal Republic of Nigeria is persevered” the commission said.

According to the NCC, a fine of N5 million awaits a service provider or any of its officers which fails to comply with the provisions of the regulation.

“If such an offence is continuing, such a Licensee or officer shall be liable to a daily default penalty of N 500,000; the Commission may revoke the License of the Licensee for failure to comply with the regulation. The Commission shall give a prior written notice to the Licensee of such revocation, not less than [30] days to the withdrawal of the License. In addition the Commission may institute an action for non-compliance by way of an injunction or a specific performance or any or such other judicial means of enforcing a duty or obligation imposed on a Licensee pursuant to this regulation” it said.

Lawful interception has existed since the inception of electronic communications in the form "wiretapping", it has become increasingly necessary now because of the sophistication of criminal enterprises in exploiting emerging communications channels.

It is expected to be undetectable with secure transport to authorized law enforcement agencies as well as scalable and high availability to accommodate changing network environments.

Lawful interception will also help address concerns over ARPU, telecommunications fraud, denial of service attacks, customer satisfaction, and growing security fears - particularly over global terrorist activities.

It makes a lot of sense in today's unstable environments which requires intelligence information to prevent and combat crime. 

But in implementing lawful interception, there must be high security requirements to prevent possible manipulation and misuse.

There is also need to complement the multifaceted regulation of lawful interception with elaborated provisions of law concerning the requirements for the design and development of lawful interception systems.

If lawful interception is not in place, think how much chaos criminal gangs can mete out on Nigerians and the country.

Victims of internet and telephone crimes deserve justice; potential victims deserve protection.

Then and only then can Nigerians enjoy the benefits of ICT.