Ghana Looks to Pass a Spy Bill by Another Name

Ghana, now is the time to let your parliament know how you really feel about the Interception of Postal Packets and Telecommunications Messages Bill.

Public outcry has already renamed the bill everything from an ‘Interception of Communications Bill’ to a ‘Spy Bill’, both widely seen as more to-the-point titles. At issue is the fact that the bill would allow the Ghanaian government to listen to, record and intercept the communications of individuals viewed as a threat to national security (without defining whom these individuals might be).

According to Ghana’s Ministry of Interior, “the object of the bill is to enact legislation for the lawful interception of postal packets and telecommunication messages for the purpose of fighting crime, suppressing organized crime including money laundering, terrorism, narcotic trafficking, identity theft and generally for the protection of national security.” As it is currently written, the bill establishes safeguards such as requiring a court order or warrant in order to intercept communications, but is also riddled with troubling loopholes.

Of main concern is provision 4(3) of the bill: “The national security coordinator may where there is the need for urgency, orally authorise the interception without a warrant of a postal-packet or telecommunication message but the oral authorization shall be confirmed by obtaining a warrant from the high court within 48 hours after the oral authorization has been issued.”

The clause has been criticized for deregulating the interception of communications and placing unchecked power—albeit briefly—in the hands of a single individual, as opposed to a court.

In the words of Ace Anan Ankomah and Susan-Barbara Adjorkor Kumapley: “What this means is that the National Security Coordinator, a person appointed by the President and who reports to the President, can intercept your correspondence/communications, listen to your phone calls, and read your letters and text messages, for 48 hours without any independent checks and balances, or guarantees against abuse; and he can simply avoid going to court by terminating the interception before the 48 hours is over. Then he can, arguably, resume the interception for another 48-hour cycle. There is no one to check to see what he is going to use that for because the Bill removes the legislative check captured in the EI [Executive Instrument] requirement, and defers (potentially indefinitely) the judicial check in seeking a court order/warrant.”

The lack of protections during this two-day window is in direct violation of Ghana’s 1992 constitution, a document which, as the Ghana Bar Association (GBA) acknowledged, “seeks to blunt the capricious effect of such circumstances by demanding safeguards that are rooted in the rule of law, best exemplified, for now, by making the judiciary (an independent institution) the first point of call for purposes of determining whether such interference qualifies within the exceptions justifying interference with a person’s privacy.” The GBA argued that the bill did not allow for the supervision necessary to regulate whether information was in fact obtained during or outside of the assigned 48-hour period and also asked that any information obtained during this questionable timeframe not be treated as “lawful” or admitted in court proceedings.

Of further concern is the fact that this bill would override the protections granted by several laws already in place. Currently, interception without a warrant is prohibited by the Security and Intelligence Agencies Act, EOCO Act, Narcotics Control Act, Electronic Communications Act (ECA), the Mutual Legal Assistance Act and the Electronic Transactions Act. Although the Interception of Postal Packets and Telecommunications Messages Bill would consolidate interception legislation into one place, its convenience would come at the expense of lost oversight, as its 48-hour clause eliminates not only warranted interception but also the process established for the President to intercept communications via an Executive Instrument (EI).

Ghana’s parliament went into Easter recess last week with the promise that the feedback of stakeholders and the public alike would be welcome components of the bill’s consideration. Don't let this opportunity go to waste...and regardless of the outcome, keep surfing secure and staying Rando!

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Want the latest freedom of speech and cybersecurity news from around the world? Read on!

• All Quiet on the Apple Front--But Not for Long
• For Many, Nowruz Brings a 'New Day' But Not Peace
• St. Patrick's Day: Mythical Holiday vs. Modern Reality

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All Quiet on the Apple Front—But Not for Long

March 22nd was expected to be a day of reckoning in the ongoing Apple-FBI battle but instead turned into the calm before an impending storm.

Tuesday’s scheduled hearing was canceled because the FBI may have found a way to unlock the iPhone of San Bernardino shooter Syed Farook without the help of Apple, a situation that would render the iPhone supplier’s help as well as the hearing unnecessary.

At this point, little more than the fact that the FBI has until April 5 to provide a status update is known. In the meantime, theories attempting to explain such a last minute change of course abound—and range from believing the FBI has indeed found a way in to suggesting the government is merely attempting to buy time because it knows it doesn’t.

What’s clear is that this fight is far from over.

Prior to the hearing’s cancelation, Monday’s Apple spring product release provided yet another opportunity for CEO Tim Cook to reinforce the company’s stance: “I’ve been humbled and deeply grateful for the outpouring of support we’ve received from Americans across the country from all walks of life. We didn’t expect to be in this position at odds with our own government, but we believe strongly that we have a responsibility to help you protect your data and to protect your privacy. We owe it to our customers and we owe it to our country. This is an issue that impacts all of us and we will not shrink from this responsibility.”

The support for Apple has been widespread, and includes that of Google CEO Sundar Pichai, Whatsapp CEO Jan Koum, United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression David Kaye, Silent Circle co-founder Phil Zimmermann, husband of San Bernardino shooting victim Salihin Kondoker and, as Cook mentioned, numerous protesters across the country.

The question that remains is whether such support will be enough. If the government is unable to unlock the iPhone, the hearing will simply continue as intended, but if it is successful in unlocking the phone, the United States government will have yet another tool to surveil its citizens and noncitizens alike—and a tool that Apple itself might not fully understand.

Even President Obama has recently come under attack for warning against an “absolutist” position regarding encryption: “If your argument is 'strong encryption no matter what, and we can and should in fact create black boxes,' that I think does not strike the kind of balance we have lived with for 200, 300 years,” despite also acknowledging that the personal information found on smartphones has a right to be protected. Given the current trajectory of the United States presidential campaign, there’s little hope Obama’s successor will offer much more support: Ted Cruz wanted to see Apple comply with the government’s request, Donald Trump went so far as to suggest a consumer boycott of the company in the interim, Bernie Sanders called for “middle ground” and Hillary Clinton reduced the standoff to the “worst dilemma ever.”

The prospect of a long-term change in government philosophy also looks bleak. A vaguely-worded anti-encryption bill, proposed by Senators Richard Burr and Dianne Feinstein, is currently circulating the United States Senate. Although in no immediate danger of being signed into law, the bill would codify the notion that federal court judges have a right to force companies into circumventing encryption on the government’s behalf.

At a time like this, it is imperative that the United States look beyond itself for answers. Beyond Apple and beyond the FBI is an international community reminding us that encryption remains a basic human right. On Monday, Amnesty International released Encryption: A Matter of Human Rights in a timely reminder of why such technology must be protected for all.

Accompanying the report, Amnesty International Deputy Director for Global Issues Sherif Elsayed-Ali acknowledged, “The Apple case shows what is at stake in the encryption debate. It is not just about one phone, but whether governments should be able to dictate the security of software that protects the privacy of millions of people. Opening a ‘backdoor’ in security for governments risks opening the door to both cyber criminals who want to hack your phone and governments around the world who want to spy on and repress critics. If the US authorities force one of the world’s biggest tech companies to make its products less secure, the danger is that governments around the world will follow suit and demand similarly intrusive powers from the hundreds of smaller companies developing privacy technology.”

If it's frightening to imagine the United States government forcing Apple to cooperate, just imagine how much worse off we would all be if the government doesn’t even need Apple’s help.

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Want the latest freedom of speech and cybersecurity news from around the world? Read on!

• For Many, Nowruz Brings a 'New Day' But Not Peace
• St. Patrick's Day: Mythical Holiday vs. Modern Reality
• Internet Security Depends on Human Behavior, Says RSA's Amit Yoran

SumRando Cybersecurity is a Mauritius-based VPN, Web Proxy and Secure Messenger provider. Surf secure and stay Rando!

For Many, Nowruz Brings a ‘New Day’ But Not Peace

Persian New Year, or Nowruz, meaning “new day”, has been celebrated for thousands of years by individuals in much of Caucasus, Central Asia and the Middle East. Historically, the holiday’s ability to transcend the boundaries of countries and religions has come as both a blessing and a curse, as it has the power to either unite or divide groups of people; this year’s Nowruz has already proven to be no exception.

In New York yesterday, UN Secretary-General Ban Ki-moon focused on the “inspiration” that March 21st, the International Day of Nowruz, is often acknowledged for: “Nowruz is an ancient celebration that predates today’s borders and divisions. It is a reminder that national boundaries, religious faiths and other superficial differences are not as important as our common humanity. In that way, Nowruz breaks down barriers and builds bonds of trust.”

The bonds of trust he described were found in some celebrations this year, but certainly not all:

In Iran, President Hassan Rouhani forewent tradition and replaced the goldfish typically found on the Nowruz Haft Seen table display with an orange, a gesture indicating his support of those opposed to the practice of keeping and then releasing the fish, usually to their death. His action has been received online with both praise and criticism: animal rights activists were pleased, but others argued it was a thinly veiled attempt to gain popular support.

In Afghanistan, not only has the fear of suicide bombing and the Taliban undermined the picnicking that typically accompanies Nowruz, some imams are campaigning against the holiday altogether on the grounds that it predates Islam. According to the BBC’s Auliya Atrafi, social media has the power to worsen the situation, “Many believe that this puritanical thinking is the product of the Salafi school of thought, spreading throughout the world with the help of imams, social media and backed by Saudi oil money. So whether a young man lives in Herat, London or Helmand, an internet search will produce the same conservative anti-Nowruz messages.”

In Turkey, Nowruz was welcomed in some places, but not others. In Diyarbakir, thousands came together to celebrate the holiday, but the mostly Kurdish crowd also used the opportunity to protest the arrest of Abdullah Ocalan, leader of the Kurdistan Workers’ Party. In Ankara and Istanbul, celebrations were prohibited altogether. Turkey as a whole is a far cry from the “common humanity” Nowruz promotes: in the last week alone, a suicide bombing killed 37 people in Ankara, a car bomb was found in Diyarbakir, and a suicide attack in Istanbul claimed the lives of 4 individuals.

For 3000 years, Nowruz has asked its followers to mark the first day of Spring in solidarity and peace. SumRando applauds those individuals who have found ways—public or private—to carry out this tradition, despite the difficulties that stand in their way.

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Want the latest freedom of speech and cybersecurity news from around the world? Read on!

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SumRando Cybersecurity is a Mauritius-based VPN, Web Proxy and Secure Messenger provider. Surf secure and stay Rando!

St. Patrick’s Day: Mythical Holiday vs. Modern Reality

[Source: Andreas F. Borchert]

Americans of all backgrounds eagerly anticipate March 17 each year as an opportunity to wear green, eat corned beef and cabbage, drink beer and bring out the ‘Irish’ in everyone. St. Patrick’s Day, once a holiday to celebrate the homeland for 19th century Irish immigrants, has grown so ubiquitously popular that even Ireland’s politicians head stateside to participate in American parade festivities.

So, what are the Irish in Ireland up to this St. Paddy’s day?

Some will be celebrating, of course, but others may simply be looking ahead to March 27, the centennial of Ireland’s 1916 uprising. 100 years prior, Irish nationalists revolted against their British government by seizing buildings throughout Dublin and declaring Ireland an independent republic; the fighting that followed left nearly 500 nationalists dead and destroyed much of Dublin. Although the rebellion was all but over in a matter of days, the iron fist used by the British to quell the revolt would eventually come to fuel the resentment necessary to create an independent Irish state in 1949.

Ireland today is certainly not the place it was a century ago, but that is not to say life is all 4-leaf clovers and pots of gold at the end of rainbows. Recently:

• There has been much criticism over a complete lack of adequate Internet access in much of rural Ireland:  “It is unacceptable for those in rural Ireland to be consigned to battle with poor connectivity. Over and over again we hear of the problems a lack of broadband is causing in rural areas. It is adding to the isolation many in rural Ireland feel—and is contributing to the demise of local communities,” argued Seamus Sherlock of the Irish Cattle and Sheep Farmers’ Association. Fortunately, change is coming: telecoms operator Eir has promised to connect 100,000 residences by 2017 and the government itself has developed a National Broadband Plan to connect 750,000 residences by 2020.

• Ireland’s Censorship of Publications Board opted to ban a book for the first time in 18 years. “The collective view of the board was that it was a vile publication as it contained graphic descriptions of the rape of a minor,” reported board chairman Shane McCarthy. The initial ban will last for 12 years and prohibit the sale or distribution of the book.

• No longer a city in shambles, Dublin today is better known as the Silicon Docks, a global tech hub that boasts Facebook’s international operations. The accounts of 83% of all Facebook users (from everywhere but the United States) are managed in Ireland and, increasingly, subject to Irish law: two weeks ago, a German court overturned a decision to allow fake names on Facebook because, although such an act would be protected by German law, Facebook’s real name policy is not in violation of Irish law. The case stems from Facebook’s decision to block the account of a German woman for using a fake name and then unilaterally reinstating it under her actual name.  

• A banner hung in commemoration of the 1916 uprising found itself under (social media) attack. Tweets of protest over the decision to include portraits of historical figures not involved in the uprising include, “Tourists will be torturing the poor guides with ‘so, where did these guys fight?’” and “Sickened that the official centenary celebration has managed to be more absurd than our 1916 [spoof] documentary.”

Whether or not you choose to celebrate St. Patrick’s Day today, remember that behind this larger-than-life holiday is a people whose struggles—past and present—are very much alive, real and perhaps more similar to your own than you ever imagined.

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Want the latest freedom of speech and cybersecurity news from around the world? Read on!

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SumRando Cybersecurity is a Mauritius-based VPN, Web Proxy and Secure Messenger provider. Surf secure and stay Rando!

SumVoices: Digital Security Starts With Contextual Risk Assessment

Our last installment of SumVoices featured an anonymous contributor from Algeria, in English and Arabic. This month we bring you Venezuelan digital rights activist and digital security trainer, Marianne Díaz Hernández, in English and Spanish.

For the last six years, I have been a digital rights activist in Venezuela and a great amount of my work has been focused on digital security training aimed at audiences at risk: activists, journalists and young students who are beginning to defend their civil rights. In my experience, a concept that is often disregarded in the digital security training arena is that of risk assessment. While in certain contexts, risk assessment is something of a cliché term to throw around—a buzzword, like "entrepreneurship" or "synergy", in those contexts where it's frequently overlooked, we are often missing something very important: the fact that tools and tactics are not universally applicable, and thus the fact that we might be aiming at the wrong target when choosing certain tools without having a complete understanding of the nature of risks present.

This is something that becomes particularly important not only for those of us who conduct trainings aimed at different audiences, but also for those who design training materials, handbooks, and software that is going to be used by people at risk. Understanding the nuances of risk when looking at different scenarios can often mean the difference between designing a handbook or app that is going to be used by many people in many contexts versus creating something that only those with the same background as us are going to be able to use.

Points to consider when creating strategies that are applicable to many different scenarios include:

• What is the scope of internet availability? What speed and quality of connection is available?: When recommending streaming apps like Periscope in the South American context--particularly in Venezuela, where we currently deal with one of the worst, slowest and most expensive internet connections in the world, we are often faced with the fact that internet connections are not reliable and upload speeds are sorely lacking, not to mention the fact that connection is often paid for by the megabyte and extremely expensive. Some people cannot count on internet access at home, and some can only connect once a week or once a month.

• What technology is available? Is what I’ve created compatible?: This is often overlooked when creating apps that work exclusively in iOS environments and thus cannot be used by the many people who lack economic resources and are most at risk. Compatibility is also overlooked when creating apps that only work with newer versions of some operating systems, disregarding the fact that most people in developing countries only have access to the previous, often out-of-date versions of operating systems that come with cheaper devices.

• Is it legal to use? Should I warn users of possible legal consequences?: Technologies like encryption and practices like anonymity are illegal or outlawed in many countries. For example, anonymity is forbidden in Venezuela and encryption is illegal in Russia and Tunisia. If someone is going to make the decision to use technology that could put them at further risk, this decision should be made from a place of informed awareness.

• Is it understandable? Is it accessible? Does it make sense in a given cultural context?: In many places, particularly in those where indigenous languages still survive and coexist, language is a barrier that can keep people from accessing certain tools and materials. In my experience with training Venezuelan indigenous populations at risk, the trainings have to be conducted in Spanish, which is the legal language of the country, but not the mother tongue of the audience. Even when trying, sloppy translations have the potential to become a hazard instead of an aid. Considering cultural aspects also means considering the risks of taking out a cellphone in the street in certain places, or simply carrying it while out and about.

Even though it's impossible to list every aspect that we should consider, more often than not, just being aware of differences and being open to asking questions and listening to answers is a good place to start. As in many other circumstances, the ability to fight preconceived notions and assumptions is the key to opening a door that will lead us to more diverse solutions for digital security.

Venezuelan lawyer and digital rights activist Marianne Díaz Hernández is involved in initiatives including Creative Commons Venezuela and Acesso Libre. She also contributes to Global Voices and guest blogs for Amnesty International. Follow her @mariannedh.

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Want more SumVoices? Read on!

• SumVoices: Cybercrime in Algeria - Phenomenon on the Rise
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• SumVoices: Problems Without End in Algeria's Internet

SumRando Cybersecurity is a Mauritius-based VPN, Web Proxy and Secure Messenger provider. Surf secure and stay Rando!