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The Editor Speaks: Government television and telecom interception

I have written recently on the power of television and how it can be abused.

I also wrote in August last year about my reservations regarding the broad powers the RCIPS obtained for themselves regarding the passing of the Information and Communications Technology Authority (Interceptions of Telecommunication Messages) Regulations, 2011.  The press was invited to a briefing meeting where we were informed about this new snoop law and similar sweeping powers the RCIPS had obtained. I say obtained because we were told, after the question was raised, that the meeting was information only. Any discussions with our reservations were superfluous as all these laws had been passed and that was that.

The new snoop law allows “any person employed by the Royal Cayman Islands Police Service to intercept a message in relation to a matter or person” for the purposes of gathering intelligence.  I emphasized the word “any”.

The only overseer of this was the governor who would issue a warrant addressed to the Commissioner of Police who would then authorise a police employee to execute it. I think all of us present at this briefing meeting were unhappy at this and we would all have preferred a judge or judges to make this decision.

That, of course, was not going to be allowed. The Foreign and Commonwealth Office had to have control through the Governor they appoint. We would not have to worry, though, as an audit committee would be appointed to do all the checks and balances.

“The new regulations do not give police a free hand in monitoring anyone’s communications,” the RCIPS announced.

My nose twitches badly when I feel I am being sold a line and not the fish. It twitched badly during this meeting.

Our premier, McKeeva Bush is proceeding with his launch of government’s own television station, which will broadcast the proceedings in the Legislative Assembly, the government’s policy position on issues of the day and emergency or important information. Mr Bush is of the opinion this would “enhance good governance and transparency as the media only gave part of the information to the people”. Government’s own station, he said, would be able to deliver its message properly.

““Something has to be done to get the full truth out,” he proclaimed. “So government will have its own channel where we can educate the people of these islands properly.”

Isn’t it nice of him to provide free education for us his countrymen?

Except it is not free. At a time of great austerity this education comes at a price. The equipment needed for government’s version of education is paid for by us. We all know his version of education, we had a one-sided and costly education lesson, that we also paid for, during the One Man One Vote Referendum.

I understand the equipment for this new education exercise has already cost over $300,000 and is rising and will rise. However, it is necessary to educate us as there is an election coming.

That word ‘education” used by our premier really sets my nose twitching. I even get a sneezing fit.

Cayman Free Press, owners of the Caymanian Compass and Observer, have just published the results of an open records request they filed in early August seeking to determine how many applications for warrants under the new regulations the RCIPS had sought and how many of those had been granted.  The request also sought to determine whether any of the warrant requests had been reviewed by the audit committee.

Can you guess the outcome? Is your nose twitching?

The governor’s office, the Observer reported “the request could not be granted because the country’s Freedom of Information Law does not apply to the security or intelligence services of the Cayman Islands in relation to their strategic or operational intelligence-gathering activities. The Royal Cayman Islands Police, who would serve such warrants if any were issued, are one of those agencies.”

And as for the audit committee? It has yet to be appointed.  Not to worry, though. The Cayman Islands Human Rights Commission said it had concerns but was satisfied the audit committee would “soon come”.

How can they possibly be satisfied? A year later, and I am betting, the RCIPS have used their new powers, the watchdog committee (the governor appoints) hasn’t been set up. Why has it taken so long? If it hasn’t happened yet and should have been in place before any of these new powers been used, what makes them satisfied it is going to happen? In another12 months time? If then!

At no time were we told that we would not have the right to know how many times the snooping would be executed. How can divulging the number of times it has been used be advantageous to criminals, which was given as a reason for non-disclosure? Unless it is educating them too much.

But stop. Our premier wants us to be educated. But I suspect not fully educated. In the book “1984” (and once upon a time that year looked a long way off when I first read it) this form of education was called “brain washing”.

 

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