Stopping the Spies

Stopping the Spies
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In 2013, former National Security Agency (NSA) contractor Edward Snowden leaked secret documents revealing that state agencies like the NSA had spied on the communications of millions of innocent citizens. International outrage resulted, but the Snowden documents revealed only the tip of the surveillance iceberg. Apart from insisting on their rights to tap into communications, more and more states are placing citizens under surveillance, tracking their movements and transactions with public and private institutions. The state is becoming like a one-way mirror, where it can see more of what its citizens do and say, while citizens see less and less of what the state does, owing to high levels of secrecy around surveillance. In this book, Jane Duncan assesses the relevance of Snowden’s revelations for South Africa. In doing so she questions the extent to which South Africa is becoming a surveillance society governed by a surveillance state. Duncan challenges members of civil society to be concerned about and to act on the ever-expanding surveillance capacities of the South African state. Is surveillance used for the democratic purpose of making people safer, or is it being used for the repressive purpose of social control, especially of those considered to be politically threatening to ruling interests? She explores the forms of collective action needed to ensure that unaccountable surveillance does not take place and examines what does and does not work when it comes to developing organised responses.

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Jane Duncan. Stopping the Spies

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STOPPINGTHE SPIES

Constructing and resisting the

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But should countries in the global South, like South Africa, even be concerned? The southern African region has largely escaped the terrorism problem plaguing countries like France, the UK and the US, and African countries further north, like Nigeria and Kenya. No southern African country has its own version of al-Shabaab or Boko Haram, responsible for terrible atrocities in East Africa and Nigeria respectively. South Africa faces no significant threats to national security, especially terrorist threats, although the presence of terrorists in the country has been an enduring source of speculation. So, it could be assumed that the region should have little reason to invest in the building of surveillance states. Evidence is emerging that suggests this assumption is incorrect.

Even though South Africa is not a terrorist target, growing social discord over inequality means that the temptation is there for less principled members of the security apparatus to abuse the state’s surveillance capabilities to advantage the ruling group in the ruling party and disadvantage their perceived detractors. This possibility is not far-fetched. In 2005, the state’s mass surveillance capacities were misused to spy on perceived opponents of Jacob Zuma, then contender for the presidency. Journalists have also had their communications intercepted, and several politicians and activists have alleged that their communications were intercepted. The Mail & Guardian has quoted sources inside the police and the SSA alleging that security personnel often do not even bother to obtain directions to intercept communications.35 In 2013, it emerged during a trial that the Crime Intelligence Division of the South African Police Service (SAPS) had placed members of the extreme Afrikaner militia, the Boeremag, under surveillance while in prison, which included intercepting communications between the accused and their lawyers, in violation of attorney–client privilege.36 While it is extremely difficult to establish the extent of the problem, these incidents make the case for reforms to ensure that the state’s surveillance capacities are not abused.

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