Tele-tapping to help cut crimes, minister says
Staff Correspondent
The proposed amendment to the telecoms act allowing intelligence agencies to tap phone calls and bust e-mails will help cut rising crime, said Post and Telecommunications Minister Aminul Haque yesterday."I believe independence and sovereignty of Bangladesh should be of prime concern. We are working to that end, as many countries have already taken different steps following the September 11 attack on the US," the minister told reporters at the Press Information Department, explaining his ministry's move to amend the Bangladesh Telecommunication Act 2001. The amendment proposal prompted concern from the civil society that it will breach privacy of individuals. A leading intelligence agency backed by others convinced the post and telecommunications ministry to amend the act, clearing way for them to produce tapped and e-mailed messages before court as evidence. The agencies also want access to subscribers' database of landline and cellular phone service providers and internet service providers and proposed mandatory police verification and reference certificate for cellphone subscription. The telecoms act stipulates that breaching privacy by eavesdropping on telephone conversations is a punishable offence as it infringes on civil rights. Although the security agencies cannot legally eavesdrop on telephone conversations, allegations of monitoring and tapping telephone calls are rife. They cannot now use wiretapped information as evidence in a court of law. Section 71 of the telecoms act describes penalty for eavesdropping on phone conversations: "A person commits an offence, if he intentionally listens to a telephone conversation between two other persons, and for such offence, he shall be liable to be sentenced to imprisonment for a term not exceeding six months or to a fine not exceeding 50 thousand taka or both." Sources said the security agencies also persuaded the Prime Minister's Office to bring changes to the telecoms act, citing a rise in crime in Bangladesh and September 11 terror attacks on the World Trade Centre in New York. The telecoms ministry recently held a series of meetings with the law ministry and Bangladesh Telecommunications Regulatory Commission (BTRC) that prepared a draft outlining changes demanded by the security agencies on instruction of the law ministry. The agencies want a change in the subsection of Section 30 of the telecoms act, which deals with protection of privacy of telecommunications, by incorporating the words "to ensure protection of the privacy of telecommunications; subject to the national security laws". "Giving such an opportunity to intelligence agencies means putting them above law," a lawyer said. A civil society member echoed his voice and said: "There will be no privacy of individuals if the law is amended." If the secret agencies have the amendments in place "this will make the country a police state", a civil rights activist said.
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