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MPs back move to improve Police monitoring of phone calls and other communications

Criminals using cell phones, texting and the Internet to plot crimes could now have the Police monitoring their communications after MPs yesterday passed amendments to the Telecommunications Act.

Police have been able to legally wiretap phone lines in Bermuda, with the permission of the Commissioner of Police and Governor, for 40 years. However, yesterday's amendments enable the Police to keep up with new technology. The amendments bring Bermuda in line with similar laws in the US.

Telecommunications Minister Michael Scott said: "Changes in technology have created both time constraints, and introduced technical resource challenges and other impediments for the Police in their objective to carry out authorised lawful interception and enforcement.

"The need to update Bermuda's lawful interception legislation is being driven by today's realities which include the rapid changes in technology; additionally there is a need to support our international obligations in the fight against global crime."

Companies that provide telecommunications services will be required to have equipment to monitor landlines, mobiles and Internet. They will be required to pay for it but Government has waived duty on the equipment they will need to import to meet the new requirements.

The legislation was drawn up with the Ministry of Home Affairs and Attorney General's Chambers.

As to concerns it would create a Big Brother society, where Government keeps tabs of every aspect of their citizens, he said that while privacy was considered "inviolate" that was overridden in cases of public safety.

According to the act, all carriers providing public telecommunications services will be required to give Police a database of customer names, addresses and phone numbers. Any information must be collected "unobtrusively and with a minimum of interference".

Opposition MP Grant Gibbons said he supported the bill but thought that Government should increase the fines for people who misused wire taps.

Dr. Gibbons later told The Royal Gazette he was concerned the new law would make it easier for rogue individuals to wiretap; he said increasing the fines would act as a stronger deterrent.

In the committee stage the bill was amended so fines for illegal wiretapping would be increased tenfold from $2,000-$5,000 to $20,000-$50,000. Additionally Dr. Gibbons was concerned over the definitions of caller identification and electronic communications, but they were dealt with because Minister Scott had accepted the United Bermuda Party's suggested amendments.

Earlier in the debate Government MP Walter Roban who is Junior Minster of Home Affairs said the Police supported the legislation and that they needed to be able to keep up with changes in technology.

Bermuda Democratic Alliance MP Shawn Crockwell said his party supported it and that people had to trust the Police to use wiretaps in a responsible manner.

Former Assistant Commissioner of Police and Government MP Wayne Perinchief said the legislation would help Police tackle violent crime.

"Government is now catching up with the times and providing Police with a powerful tool," he said.

BDA MP Mark Pettingill said that he supported it too, adding that while it may make some feel uncomfortable it was better to be uncomfortable with proactive policing than reactive policing.

Government MP Dale Butler also supported the bill as did MP Ashfield DeVent and UBP MP John Barritt.