The Joker is right

Sen. Joker Arroyo was right when he insisted that the Armed Forces of the Philippines (AFP) account for its wiretapping activities. Even ordinary people like me agree with Joker’s observation that if the President can be subjected to such kind of spying activity, then what assurance do private individuals have that they won’t be subjected to the same? This kind of eavesdropping is dangerous not only because it infringes on an individual’s privacy but more so, it makes the subject of the wiretapping susceptible to blackmail. Even if a person has nothing to hide, he still wouldn’t want this digital Damocles’ sword hanging over his head.

The AFP leadership should make a clean breast of it. It can’t just take a standoffish position and dismiss allegations that the Intelligence Service of the AFP (ISAFP) had tapped the phone calls between GMA and Garci the Clown. Current AFP Chief of Staff General Gene Senga can’t expect to squirm his way out of this because the alleged wiretapping happened during somebody else’s watch. Clearly, command responsibility demands that he must get to the bottom of this mess and let the culprits answer for this deed. And nobody believes they don’t have the equipment – not even the Marines – and we don’t mean just the six American Marines!

The AFP should disclose who ordered the wiretapping and who took part in it. If this was not sanctioned, then the obvious conclusion here is that there is another serious breakdown in the chain of command. The implications are clearly disturbing - and dangerous not only for government officials but for businessmen and even ordinary citizens. The AFP has announced that it has been conducting its own investigation into the wiretapping issue. But the sad part is the findings will not be disclosed because they claim the matter is internal.

During Martial Law, of course it was expected that they would listen in, but now that we’re supposed to be in a democratic system, it actually infringes on one’s privacy. In fact, there are private individuals who are using their own equipment to do so. Most of them procured their equipment from the US, which should now be more selective in choosing governments and firms they sell these to. The United States has the reputation of a country that does not practice what it preaches. They wiretap with impunity and there’s nothing we can do about it because they have the power and the high technology. But then again they do have a security problem to contend with — leaving them with no choice but to aggressively pursue terrorists.

Eavesdropping is actually an ancient practice, with techniques much cruder then with someone literally doing the "behind the bushes" trick or behind the tapestry or walls to listen in on conversations. Paintings had also more than an artistic purpose because the eyes on the portraits often served as spy holes. Listening tubes connected to the eavesdropper’s room were also used as effective listening devices. It would not be unlikely that even kings, caliphs, or rajahs were not aware that they were being spied on by their "trusted" advisers. The Russians and the Germans developed a lot of eavesdropping devices. Hitler’s Gestapo listened in on a lot of conversations during World War II to catch their enemies especially those whom they considered traitors to the Third Reich.

Taped conversations, whether wiretapped or authorized, pose as potential hazards to careers. Richard Nixon got into deep trouble for orchestrating the break-in at the Democratic National Committee headquarters to wiretap conversations. During Nixon’s impeachment trial, he initially refused to turn over the "Smoking Gun" tapes to Special Prosecutor Leon Jaworski where Nixon and White House chief of staff Richard Haldeman discussed plans to block investigations of the Watergate break-in by claiming that it involved national security. This cost Nixon his presidency. Since then, there have been stricter laws in the United States against wiretapping activities.

However, that has been overtaken by the USA Patriot Act which now allows wiretapping on any suspected terrorist. The worst part is they have the technology that allows them to wiretap even through satellite. They can actually zoom-in and listen in on conversations via satellite. "Chatterbox" is one such technology, where not only phone calls but e-mails and text messages particularly those from suspected terrorists are monitored and intercepted. The 911 disaster has understandably made the US more paranoid than ever. In fact, a Filipino who landed at the San Francisco International Airport called his friend from his cellphone jokingly saying, "The terrorist is here." Half an hour later he was picked up and detained for a couple of hours before being released.

With such technology available today, anybody can be eavesdropped on – or more precisely wiretapped – with impunity. There are many who rightly fear that this could give rise to indiscriminate monitoring and would be invasive of the rights of other individuals. Here in the Philippines – not that phone companies do it – they have the technology that would actually enable them to wiretap if they want to. When you hear an echo during a conversation, you can be sure that nine out of ten somebody is listening. According to experts, the echo is caused when the eavesdropper’s listening device is very near or when the volume of the listening device is too high. A text message that is extremely delayed and comes in after other messages sent later have been received first — is a clear indication your messages are being monitored.

Am glad the Anti-Terrorism bill was passed the other day by Congress. Aside from equipping law enforcement agencies the right tools to confront terrorism, it should cover wiretapping activities. Parameters should be set for the scope of wiretapping in relation to national security. The law must be crafted in such a way that it will give the government the teeth to curb terrorist activities but not at the expense of sacrificing the right to privacy of law-abiding citizens. In the Philippines, philandering husbands or wives are actually the ones who have the most to lose and could become the biggest victims of wiretapping. Without this law, everyone could be tapped and ring tones like "Hello Garci" will become a multibillion-peso industry, with "Garci the Clown" as the product model and endorser. This may all sound funny, but the Joker is right. We must heed his warning otherwise in the end – the joke will be on us.

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