Although I have been always suspicious
of government surveillance, I have never expected a private telecommunication
company will act as an agent of the government to seek hacking techniques on
its behalf. In many occasions I have encountered with individuals complaining
about their communication being intercepted. But without any proof, it has
never become part of my priorities. Of course, there are always so many issues
that make me busy in sorting out when it comes to human rights issues. From freedom
of expression and illegal detentions to rights of women, Somaliland has many human
rights problems human rights defender should worry about.
Recent revelation of Wikileaks
shows Dahabshiil owned
telecommunication company, Somtel, contacting with hacking
group called HackingTeam to buy technology “designed to attack, infect and monitor target
PCs and Smart-phones in a stealth way, including its location,” HachingTeam
says in an email addressed to Somtel, as disclosed by Wikileaks . By further
explaining the product, HackingTeam adds “once a target is infected, RCS
allows you to access a variety of information, including: Skype traffic
(VoIP, chat), keystrokes (all Unicode languages), mails,
messages, target positioning, files, screenshots, microphone
eavesdropped data, camera snapshots, etc.”
Neither the government nor Somtel has so
far made any comment regarding the Wikileaks exposure.
Article
30 of Somaliland constitution reads as following; “no person’s private written communication, postal letters,
or telecommunications shall be interfered with except in matters in which the
law allows their investigation, tracing or listening in and a reasoned order
from a judge has been obtained.”
Violation of a fundamental right
guaranteed by the constitution of the country is a serious matter. What makes
worse is the fact that private telecommunication company is aiding and abetting
the government to violate the constitution. Moreover, Dahabshiil is also financial
company. If it has such a deep connection with the government as far as acting
as an agent for the state, the question is what sort of access the government
has on the financial records of the people?
As noted above, this is not unique and
isolated incident. I have observed many occasions telecommunication company (not
necessarily Somtel) gave the authorities (specifically the law enforcement
agencies) phone records without court warrant. In these events I witnessed the
customers in question were neither informed nor asked consent.
It is imperative telecommunication companies
to recognize and respect the fundamental freedoms and rights enshrined in the
constitution of the Republic of Somaliland.
There should be an independent
investigation to examine whether Somtel and the government acquired the
technology and if used, the extent of the suffering of the privacy of the
citizens. It is also imperative to explain the relationship between the
government and Dahabshiil (Somtel).
This view is my own and I do not express in
representing any entity.
Guleid
Ahmed Jama
Human rights lawyer
Hargeisa Somaliland
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