Sunday, March 16, 2008

The state is watching you...

European states have adopted a directive in 2006 on the retention of data generated or processed with publicly available electronic communication devices or public communication networks. Data retention in the telecom field generally refers to the storage of call detail records of telephony, internet traffic and transaction data by government and commercial organizations. In government data retention, the data accumulated are usually phone calls made and received, emails and web sites visited. The main purpose of data retention is traffic analysis and mass surveillance. With the analysis of the data accrued, the government can then identify the location of an individual, his associates, monitor his transactions and determine membership in groups especially those who are politically involved.

The Members of the Parliament of UK enacted a act that facilitates a voluntary data retention system on telephone operators and internet service providers. This system deals with the use of retained information from correspondence through the telephone and internet service. This Code allows the state to gain access to subscriber information, telephony data, SMS, EMS & MMS data, email data, ISP data, web activity logs and other collateral data. Private citizens are being subjected to this intrusion in the interest of national security, public health, safety and other police power justifications. Talk about another case of balancing state interest versus the right to privacy of the citizens. However, last month though, Members of the Parliament were surprised to discover that they themselves were not exempted from the state surveillance that they themselves created. The MPs are troubled coz all of their correspondences are being monitored despite the MP immunity from snooping known as the “Wilson Doctrine.” How is that for equal protection… Now the MPs know how the rest of their constituents feel regarding the privacy and confidentiality of correspondence.

Imagine if Congress enacted a Data Retention Act in our country. Coupled with the Human Securities Act, the overreaching police power of the state would violate even the most basic provisions of Bill of Rights. Right to privacy, freedom of speech and expression would be rendered nil especially in this time where the people are getting tired of all the government’s inability to uphold public trust. The political discourse has continually been fueled as more and more government under tah table transactions are being brought to light. I just hope GMA does not get any idea from this... otherwise, the police power would definitely be up for abuse....

http://en.wikipedia.org/wiki/Data_retention#Data_retention_in_the_European_Union
http://news.bbc.co.uk/2/hi/technology/7226016.stm

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