By TANEKA THOMPSON
Tribune News Editor
tmthompson@tribunemedia.net
THE government has tabled a bill in the House of Assembly that aims to create a “single legal framework” that would allow the Commissioner of Police to obtain a warrant from a judge to intercept and examine a person’s communications from telecommunications operators, internet providers and postal services for a period of three months.
According to the Interception of Communications Bill, 2017, which was tabled on Wednesday night, this would be done in the “interest of national security,” which is defined as protecting the country from “threats of sabotage, espionage, terrorist acts, terrorism or subversion”.
The legislation will provide for the “interception of all communications networks regardless of whether they are licensed as public or not”.
The bill says this will include public telecommunications operators, internet providers and postal services.
Intercepting, among other provisions, includes the use of a “monitoring device”, physically viewing/inspecting the contents of any communication and diverting any communication from its intended destination, the bill notes.
The bill also states that in order to obtain an interception warrant, the Commissioner of Police, or someone acting on his behalf, would have to petition the Attorney General to make an “ex parte” application to a judge in chambers.
To receive such a warrant, it must be proven that the information to be inspected cannot be acquired by any other means, the bill notes.
The Attorney General would also have to be satisfied that the warrant is needed in the “public interest or interest of justice”. The warrant would be valid for three months, unless renewed.
The bill also states that a person who unlawfully intentionally intercepts a communication is liable upon conviction to a fine not exceeding $50,000 or a prison term of up to four years.
Under the new bill, the Attorney General will be mandated to table a report in both houses of Parliament outlining the number of warrants applied for to intercept communications, the number of warrants granted by the court, the average period of the warrants, the number of warrants refused/revoked by the court, the number of criminal proceedings started from evidence gleaned from communication interception and those that resulted in a conviction, among other provisions.
This must be done annually, within three months after the end of each year.
The bill allows for the minister responsible to make regulations to support the legislation.
The legislation would repeal the Listening Devices Act. It is unclear when debate on the legislation will begin.
Comments
ohdrap4 7 years, 10 months ago
This must be done annually, within three months after the end of each year.
Or after the filing of financial declarations by mps, whichever comes later.
banker 7 years, 10 months ago
Right on.
I foresee a huge business in encrypted communications with anonymous proxies in the Bahamas. But then again, what's new. The Bahamas has been the spy testing ground for the US where all cellphone conversations were (are?) being captured.
GrassRoot 7 years, 10 months ago
make this law applicable retroactively and lock up the waste basket man.
GrassRoot 7 years, 10 months ago
am not too worried in a country that can't even get traffic lights to work.
sealice 7 years, 10 months ago
Lets see if they can intercept this one... FU PLP right in your collective arshole!!!!
TalRussell 7 years, 10 months ago
Comrades! US Intelligence have long recorded every single telephone call (personal & business) originating out of or coming to the Bahamaland - including emails and other forms communications. I'd suspect the Chinese may be doing the same if they wanted to. We are talking about the recording of millions and millions of telephone calls - from cheating spouses calls to business dealings - and the politicians business and private dealings included.
EasternGate 7 years, 10 months ago
These corrupt bastards are doing this now with NIA
banker 7 years, 10 months ago
For business, I speak only on a landline or by encrypted email. I turn my cell phone off at the airport and whilst in the vicinity of the Chinese and American embassies. Many a time, I have had to drive to Million Air to meet a private jet. A personal would step off and give me printed portfolio instructions. The beneficial owner did not trust electronic transmission by any means.
Publius 7 years, 10 months ago
Did the Tribune read this Bill? Impossible, since the most serious, critical and most controversial aspects thereof are not even mentioned.
HarryWyckoff 7 years, 10 months ago
The post office can't seem to ever get me mail - maybe the government can?
Although when it does arrive, it's usually past three months after it was sent... would the time period they're allowed to monitor it for have expired before it even gets to me.
That would be an interesting legal battle!
banker 7 years, 10 months ago
While I was at a foreign university, for the first year, just to get acclimatized to the country, I boarded with a couple. We were connected by the student office. The woman is a remarkable woman. She is a student mentor, a member of the board of governors, and she lives within 10 minutes of the main campus. She calls me her second son, or her Bahamian son. She recently stopped sending me birthday cards through the post because they were always three months late, or they never came at all. Funny how the Bahamas post office knew when she put in a $20 or $50 dollar bill. Those ones never came.
John 7 years, 10 months ago
Not like they don't already have phones tapped and 👂 listening in and recording your conversations.
John 7 years, 10 months ago
Lot of these legislations are being forced on this country by the US and other foreign agencies. Whilst it may have the good intentions of protecting innocents and preventing terrorism and other acts of crime, the worry is when it is abused and misused against law abiding citizens. A major concern is federal agencies in the US now using social media to collect information on and build files on individuals. Even potential employers now search social media to gather information on job applicants. So you have to be careful what you post or allow other people to share with you.
ashley14 7 years, 10 months ago
Yes, they do John! Lot's of people have loss their jobs, potential jobs, spouses because of something they posted on social media.
Alex_Charles 7 years, 10 months ago
This is the Bahamas man, who cares? be ready for 5 more years of the Fuhrer Christie and his 32,000 jobs.
realfreethinker 7 years, 10 months ago
Ya'll really trust the crooked plp to bring this type of legislation to the hoa? We haven't legalize the NIA yet.
John 7 years, 10 months ago
The reason why Christie and Nottage and Greenslade goes quite when certain crimes are committed in this country is because they know these crimes are'imported.' How so? You may ask when it is (mostly) BAhamians killing Bahamians. But, unfortunately, it is also black men killing black men. A major phoenomen in the USA. A silent form of genocide. Population control even.
John 7 years, 10 months ago
Test the waters: say some outrageous things about outrageous people in your conversations. Then watch the reactions and the responses. Then you know if they tapping your shyt
Gotoutintime 7 years, 10 months ago
Beginning of the end!!
ThisIsOurs 7 years, 10 months ago
Everything will be "national security". Calling a radio talk show, participating in a protest march, commenting on the tribune website. Everything. How did these people all turn into megalomaniacs in five years?????
ThisIsOurs 7 years, 10 months ago
All of their legal documents are written this way. The Pointe Heads of agreement for example is laughable, the ratio of Bahamian to Chinese workers is70/30 but can be changed "if needed". What???? Seems like the need covers the entire project.
happyfly 7 years, 10 months ago
Is this what the PLP's idea of Freedom of Information Act means.
Franklyn 7 years, 10 months ago
...I would like to see the evidence that warrant such an abuse of civil liberty that a country like the Bahamas and The Bahamian people would be of any “threats of sabotage, espionage, terrorist acts, terrorism or subversion” to The Bahamas or any other country. ...maybe after we have a Bill to recall Ministers where the public can call for an investigation into cases of corruption and other evil abuses by Bahamian politicians ...our legal and especial our political system lack the basic elements of credibility to possess such powers. ...could you imagine the intimidation and abuses - what an evil idea.
TalRussell 7 years, 10 months ago
Comrades! If "any" government wants a "snooper's bill" passed - let it include a clear Simple Simon to read and understand enforceable provision that the policeman's would not be able to access the content of "communications" without a warrant signed by a senior judge and such that it is a one time authorization and valued only if carried out and completed within (60) days of the warrant signing.
Although, I don't remember reading that emails were behind the 16 murders so far for 2017 - so shouldn't the government be more focused on our local wannabe's homegrown punk killers? I'm just prioritizing a serious murderous point - okay!
Well_mudda_take_sic 7 years, 10 months ago
Our Attorney General, the corrupt evil Wicked Witch (Allyson Maynard-Gibson), and our National Security Minister, the sleepy moronic pistol packing B J Nottage, would undoubtedly hold the view that all of us posting to this website are guilty of subversive bahaviour. I suspect if such unconstitutional legislation were ever enacted it would not be too long before the likes of Maynard-Gibson and Nottage seek to shut down the voice of the free press in our country, as well as the other "subversive" media outlets like radio and TV. And to think that other Fred (Fweddy Boy Michell) got all hot and bothered a few years back when he learned that the U.S. National Security Agency was secretly recording all voice and internet communications to, from and within our country. What a joke!
newcitizen 7 years, 10 months ago
In order to keep your phone calls and messages private. Call and message on WhatsApp. It features end-to-end encryption that the Bahamas government won't be able to break. Take steps to protect yourself because you government won't protect you, they are the ones coming for you.
jacko 7 years, 10 months ago
lol yall is a bunch of sheeps anything this gov say yall go with ,no dam balls
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