Spy Act needs some serious thawing

Business and government agencies are still far apart in the implementation of the country`s Internet spy legislation. Both are at fault as a mixture of bloody-mindedness from both sides contributes to the mess.

The Regulation of Interception of Communications and Provision of Communications-Related Information Act, or RICA, is one of the most contentious pieces of legislation to have emerged in SA`s 10 years of democracy.

For some people, it harkens back to the bad old days and the heaps of security-related legislation that was passed during the Apartheid regime. For others, it squashes what should be an ideal medium for an open society and a tool for economic development.

RICA was signed in to law in 2002, but its implementation has been rather slow, mainly due to government agencies like the Department of Communications, the National Intelligence Agency (NIA) and the Department of Justice getting their acts together.

Business - in this case the Internet service providers (ISPs) - has adopted a wait-and-see approach.

Now it seems as if there is a sudden rush to implement RICA by the middle of this year and it could cost the ISPs a pretty penny.

It seems as if there is a sudden rush to implement RICA by the middle of this year and it could cost the ISPs a pretty penny.

Paul Vecchiatto, Cape Town correspondent, ITWeb

Apparently, SA, like many other countries, is slowly becoming embroiled in the "war against terror" waged by the US and other nations. The upshot is that this country has a number of intelligence agreements with those involved in this war. These agreements are based on SA doing its bit to place certain information-gathering methods in place.

If these agreements are not honoured, then the flow of important information that could relate to national security and fighting criminal activity such as drug smuggling and child pornography could be seriously hampered.

All of the ISPs I have spoken to profess an understanding of the need for government to be able to monitor various communications and transactions over the Internet. But they say RICA has not given much thought to privacy issue safeguards and who is going to pay for the installation of necessary equipment.

A series of workshops facilitated by the Department of Communications with members of the Department of Justice and the NIA has not really helped either, as business will fret about the cost of implementation, while bureaucrats are bent on ensuring the legislation is implemented with no real understanding of the costs.

Then there is the manner in which things are done. At one of the workshops in Cape Town, an NIA member received a number of snide comments when he told the gathered ISP members that he could not tell them his name. So, "Agent Orange" as he was subsequently dubbed, found himself left out in the cold.

The Department of Communications and the ISPs need to meet again and look at how RICA can be implemented. Thought must also be given to what changes may need to be made to the Act as, in the opinion of some lawyers, it is a Constitutional Court action waiting to happen.

Until that happens, government will be frustrated in its efforts to gather the information necessary to combat crime and terror, and business will operate under a cloud of distrust.