WIRETAPPING LEFTISTS (AND MORE)

In crushing terrorists, information is key and the government always has to be two to three steps ahead. Free speech and freedom of assembly are not absolute in any democratic country and are oft times abused. It is when a citizen crosses the line dividing patriotism and rebelliousness, he must be ready to shun off the protective cloak brought over him by the State. Thus, rebels, including leftist propagandists, deserve zero protection from the State and its Constitution.

Defense Secretary Delfin Lorenzana proposed the amendment of the Human Security Act (HSA) of 2007 by extending the coverage of authorized wiretapping from 30 days (extendible by 30 more) to 90 days. This was welcomed by both the Palace, through spokesman Salvador Panelo and DILG Secretary Eduardo Año.

This was expected since the adding of an extra month is very small a change considering two months is already permitted. What would be the difference of an additional month?

The Department of National Defense (DND) must add more teeth to the HSA, not just in the detection of existing activities, but in nipping these in the bud. Early suppression proves to be the most efficient way of preventing terror attacks from happening. Terrorists in the Philippines have become even bolder in their attacks, especially now that we have young Filipino suicide bombers trained by foreign extremists.

For starters, the DND must reexamine its definition of a “terrorist,” which has departed from how it has been defined in the HSA. In the said law, a terrorist is someone who commits crimes enumerated therein, which includes rebellion, coup d’etat and murder, that sow and create a “condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand…” This is outdated since terror acts nowadays do not have a demand but to instill fear in the hearts of the people.

Another rebellious activity that the DND must consider is the unlawful recruitment of ideal-minded college students to join communist rebels, as reported before the Senate Committee hearings chaired by Sen. Ronald “Bato” de la Rosa. The reports of recruitment in PUP, a state-funded educational institution, is a wakeup call that our youth are being taken right under the nose of the State within premises and before teachers who are funded by taxpayers’ money. And we all know that recruitment is done easier with the use of technology and social media.

Which brings us to our next point — “wiretapping” is an old concept

since it refers to telephones that are diminishing in everyday usage. What is more appropriate is networktapping which involves the usage of monitoring devices installed in the telecommunications companies and Internet service providers to record data exchanges, thereby putting into the coverage the subject’s Internet activities and communication transmitted through the use of data (i.e., Viber, WhatsApp, Messenger, Telegram) inasmuch as these are not encrypted.

In November of last year, the House of Representatives, under the 17th Congress, passed on third and final reading its House Bill (HB) 8378, proposing to amend the ancient Anti-Wiretapping Law, or RA 4200 enacted way back in 1965. The amendment includes under its prohibited acts the recording of private communication using “any electronic, mechanical, digital or analog phone system, or similar devices,” effectively recognizing the modern method of communicating in the 21st century. However, this still does not include one’s Internet activities which is likewise important to see the intent, motivation and plans of a terrorist when it comes to their next terror attack.

HB 8378 also includes authorized wiretapping in cases of crimes such as treason, rebellion, coup d’etat similar to what is stated in the HSA. Consequently, Congress must consider HB 8378 in its next hearings on the proposal to amend HSA. We shall expect stiff opposition from the Makabayan bloc in the hearings to be conducted in the House. Once passed to the Senate, the senators allied with the administration should usher this swiftly to the desk of our President for his signature and approval.

If this becomes law, a later challenge before the Supreme Court is a no-brainer. Petitioners will then allege that each person must be afforded protection from the government. But as earlier mentioned, State protection ends when rebelliousness begins — leftists cannot have their cake and eat it too.

“What

is more appropriate is network-tapping which involves the usage of monitoring devices installed in the telecommunications companies and Internet service providers.

“DND

must reexamine its definition of a terrorist, which has departed from how it has been defined in the Human Security Act.