'Duty' of telecoms to assist snooping

By FRANCESCA MOLD

The Government has introduced new legislation requiring telecommunications companies to help the police and security agencies snoop on emails and listen in on mobile phone calls.

The Telecommunications (Interception Capability) Bill, tabled in Parliament yesterday, will mean telephone and internet service providers will be legally obliged to ensure their systems are capable of isolating and intercepting suspect emails and mobile calls while still protecting the privacy of others.

The companies will have a "duty to assist" the police, the Security Intelligence Service (SIS) and the Government Communications Security Bureau if they have a warrant to intercept calls or emails.

The new legislation will not increase or change the existing powers of police and security agencies to intercept telecommunications.

The bill said that changes in telecommunications technology meant surveillance agencies were now unable to intercept some communications despite having the legal authority to do so. "Organised criminals are aware of this and these proposals are necessary to prevent law enforcement and national security capability being seriously eroded."

The Government will pay $3 million towards modifying telephone networks so they are capable of eavesdropping on suspicious conversations. Most of that money is expected to be spent on upgrading Telecom and Vodafone services over the next 18 months.

Telecommunications companies will have to pay the cost of upgrading their internet and email services themselves.

They have been given five years to implement the changes needed to meet the requirements of the new law.

The Government claimed giving the organisations five years would reduce the financial impact on the industry because it would gradually be replacing equipment over that time anyway.

Neither Telecom nor Vodafone returned calls from the Herald yesterday about the new legislation.

Green MP Keith Locke said the cost was a concern for the telecommunications companies.

But he said there were more serious concerns such as the impact the new legislation would have on people's right to privacy.

He said the proposed new law and another bill amending the Crimes Act to allow police to hack into computers and intercept emails gave security agencies a dangerously high level of power to intrude into the lives of New Zealanders.

The Green party was unlikely to support the bill when it was debated in Parliament, Mr Locke said.

Further reading
nzherald.co.nz/privacy

Related links