The telephone was once a status symbol and a luxury item. But today it’s a popular means of communication. The computer too will probably become an indispensable household item before long. It may be surmised that the E-mail too will be a common mode of communication.
Although modern methods of communication are broadening people’s freedom of speech and expression, a state which uses modern means of eavesdropping to listen to such communications cannot be called a democratic one. It can only be called a modern police state.
The practice of eavesdropping on telephone conversations reportedly existed in the time of the UNP too. It is reported that Chris Morris who was the BBC correspondent in Sri Lanka when J.R. Jayewardene was the president had had a telephone conversation with him. Later Lalith Athulathmudali, who was the Minister of Defence then had questioned Chris in a friendly manner on the content of the conversation. Chris was surprised and had asked Mr. Jayewardene whether he had discussed the telephone conversation with Mr. Athulathmudali. The president’s immediate reply had been that someone could be eavesdropping on his conversations.
Although it is reported that there was eavesdropping on telephone conversations in the time of the UNP, it was not done through modern means. It was only possible to listen to a limited number of conversations at a time. However it is reported that the PA government has invested heavily on modernizing the means of eavesdropping and now it is possible to listen to about 650 telephone conversations simultaneously.
The list of names of those whose telephone conversations have been tapped includes not only those of the opposition but also of Cabinet ministers of the PA too. It has been reported that the names of all leading journalists as well as those of some judges of the Supreme Court are also included.
It is clear that eavesdropping on telephone conversations is done with the aim of listening to gossip rather than for the purposes of ensuring national security.
Once when I met the President she was critical of the journalist Waruna Karunatilake. I had to defend him saying he was a person who had worked hard for the victory of the PA. After that discussion on Varuna I happened to meet the president again and she reminded me of the previous conversation and said that Varuna was not a trustworthy person. She then told me about something he had said in a telephone conversation with Anura Bandaranaike. It was then that I began to wonder whether the PA too was eavesdropping on telephone conversations.
Eavesdropping on telephone conversation for the purpose of investigating the activities of anti-government organizations like the LTTE which function outside the democratic framework may perhaps be justifiable, but there is no justification at all for eavesdropping on the telephone conversations of a journalist like Varuna, whatever political views he may hold. It also must be remembered that it is public funds that are used to purchase such modern equipment and pay those who are employed to use such equipment.
I had the opportunity of having a discussion with a person who worked in a special unit that had been reportedly set up after the PA came to power for the purpose of eavesdropping on telephone conversations. He admitted that in the interests of national security, even the telephone conversations of Cabinet ministers had to be tapped.
I told him that, if it was possible to tap the telephone conversations of Cabinet ministers and record them, surely he was in a position to tap and record the telephone conversations of the President herself. He was silent and did not reply. But that is the reality. On occasion though, heads of government themselves are caught in the trap set up for their opponents. That is why President J.R. Jayewardene had to tell Chris Morris there might be eavesdropping on his own telephone conversation.
Recently a minister in the government reportedly phoned up another minister to say the UNP was planning to create some serious trouble that day and told him it was essential that he attended the parliamentary sittings that day. When asked how he got the information, he reportedly said that the National Intelligence Bureau had informed him. The other minister laughed the matter off and had not attended the sittings. Surprisingly there was no serious incident as warned by the National Intelligence Service.
It is sad that in a country where there is a real threat to national security, that institution like the National Intelligence Bureau is reportedly used to eavesdrop on political gossip, which has no reference to national security, instead of making investigations about real threats. It is a matter for regret that chiefs of institutions like the National Intelligence Service reportedly spend their time listening to gossip, and reporting to the leaders of the government to suit their tastes, while they are responsible for national security. That was probably why the National Intelligence Service did not even know who the members of the political bureau of the JVP were at the time it was launching its secret insurrection. That was why the National Intelligence Service knew nothing about the resolution to impeach President Premadasa until it was handed over to the Speaker.
The incident of tapping an e-mail sent to the leader of the opposition Ranil Wickremesinghe seems to have added another chapter to the chronicle of eavesdropping.
What this incident indicates is that not only telephone conversations but even the E-mail and fax messages are no longer confidential.
I feel that the conduct of the Minister for Science and Technology in this incident of tapping E-mail was disgraceful. He has used modern technology to tap the e-mail of a person who holds a position second only to that of the head of state in a democratic political system.
Without admitting that he had submitted such a document to the Cabinet he is reported to have asked the media not to forget that he is the Minister for Science and Technology.
This itself is an indication of the kind of distorted democracy we Sri Lankans have to live in. Mr. Weerakoon is lucky that he has been born in a country like Sri Lanka. If he had been born in a country with an advanced democracy and had become a minister and had got involved in such an incident, he would have had to give up his post and also perhaps go to prison.
We are supposed to be living in a democracy. Freedom of speech and expression is recognized in the constitution as a fundamental right.
However eavesdropping on telephone conversations and tapping E-mail and fax messages are not considered to be a violation of a fundamental right. Such a state of affairs cannot be considered democratic by any stretch of imagination. There was a time when states had the right to eavesdrop on telephone conversations and electronic messages.
In the 1890s the judicial policies in the United State had been given the right to tap telephones in the interests of national security. In 1970 it was completely banned. Today tapping a telephone is possible only in connection with investigations into very serious crime, and only with formal permissions from law courts.
In England it is possible only in inquiries into a serious crime and when all other means have failed, and that too only with permission through a judicial order.
It is the duty of all those who are interested in broadening democratic freedoms to act for a change in this disgraceful state of affairs.