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Surveillance of social movementsThe Philippines has a vibrant protest and socialmovement. In 2001, technology played an importantrole in the ouster of President Joseph Estrada overallegations of corruption. TXTPower, a group composedof mobile subscribers, was active in the useof text messaging during the “Oust Erap Campaign”of various sectors (“Erap” was Estrada’s nickname).It would also later launch a similar initiative againstArroyo.Activists involved in social movements in thecountry are concerned with reports of electroniccommunication surveillance by state forces. The“Hello Garci” incident amplified these doubts.Moreover, the record of bringing justice to more than1,206 victims of extrajudicial killings, 206 victims offorced disappearances, 2,059 victims of illegal arrestsand 1,099 victims of torture during the Arroyoregime has been questioned in the second cycle ofthe Universal Periodic Review of the United NationsHuman Rights Council. 22 The Philippine governmentis a signatory to the International Covenant on Civiland Political Rights (ICCPR), International Covenanton Economic, Social and Cultural Rights (ICESCR)and the Universal Declaration of Human Rights.If recent reports are to be believed, the currentAquino administration has purchased PHP 135 million(USD 3 million) worth of high-end surveillanceequipment to spy on its critics. 23 This will be usedby the ISAFP, which is alarming for social activists.ISAFP is the same agency that spearheaded the“Hello Garci” incident. It is now common activistpractice that other than the usual personal securityorientation, a discussion on information security isheld so that they can take precautions.Activists have also raised the alarm on the currentregime’s EDCA. For them, “allowing US troopsto position equipment which will definitely includesurveillance equipment and drones with free accessto the radio spectrum is the best recipe for masssurveillance.” 24This year, the Supreme Court nullified the realtimecollection of data provision in the CybercrimeAct. This was declared unconstitutional, heedingthe campaigns of the CPU and other netizen groups.However, libel, the most contested provision of the22 Olea, R. (2012, May 21). Groups score continuing rights abusesas The Philippines and the Universal Periodic Reviewundergoesreview by UN body. Bulatlat. Accessed July 17, 2014. http://bulatlat.com/main/2012/05/21/groups-score-continuing-rightsabuses-as-philippines-undergoes-review-by-un-body/23 Tan, K. J. (2014, April 8). Palace backs ISAFP, denies using spygadgets vs. opposition. GMA News. www.gmanetwork.com/news/story/355967/news/nation/palace-backs-isafp-denies-using-spygadgets-vs-opposition24 Computer Professionals’ Union. (2014, March 2). Op. cit.Act, which stifles freedom of expression, was upheldas within the frames of the constitution.Violating the constitution and internationalnormsWiretapping is a form of communications surveillance.The Philippines does not lack laws prohibitingand regulating it. The country’s AWA and HSA areboth a starting point for defining legitimacy, adequacyand necessity of surveillance. Both laws alsohave strict requirements for enforcement officers,which include authorisation from a judicial authorityin the conduct of surveillance, due processand user notification. Moreover, any unauthorisedsurveillance is penalised with 10 to 12 years of imprisonmentin the HSA.While the Hello Garci incident exposed the rottenand corrupt system of the Philippine elections,it also demonstrated blatant disregard of the rightto privacy and the 13 International Principles onthe Application of Human Rights to CommunicationsSurveillance. 25 It was conducted without courtpermission, due process or user notification, andrevealed that telco companies and state authoritieswere working together. Until now, the intentionof the wiretapping of Commissioner Garcillanowhich caught former President Arroyo by chance isunclear.Even with existing laws legitimising communicationssurveillance, the practice remainsproblematic. The HSA, AWA and Cybercrime Act arewidely opposed to too much power being given tothe state. While judicial authority is required bythese laws, opposition is still strong due to thedoubtful impartiality of courts in issuing surveillancepermissions.Public oversight has yet to be seen in the implementationof the HSA. The law prescribes aGrievance Committee composed of the Ombudsman,the Solicitor General, and the undersecretaryof the Department of Justice. The Committee istasked to receive, investigate and evaluate complaintsagainst the police and other state forcesregarding the implementation of the law. An OversightCommittee, composed of senators andmembers of congress, has also yet to publish reportson its oversight functions.Lack of integrity of communicationsand systemsHello Garci was the first proof that the state and monopolytelcos are working together to track citizens.25 https://en.necessaryandproportionate.org/textIt has created awareness among the general publicthat telcos and the government are tracking callsand text messages without court permission anduser notification.In the case of the Hello Garci incident, a specialmodel of phone was used to receive calls divertedto it by the telco for recording.Furthermore, a memorandum circular from theNational Telecommunication Commission (NTC),the regulatory body overseeing telco monopolies,allows storage of voice and non-voice datasupposedly to serve as reference for consumercomplaints. 26 While intended for prosecution ofconsumer complaints, a similar section on real-timetraffic monitoring in the Cybercrime Act was ruled asunconstitutional by the Supreme Court.The Philippines is part of the NSA’s MYSTICand PRISM surveillance programmesThe country has more than a hundred years of beingtied to the NSA in the US. In the early 1900s,in the great Philippine-American War, surveillancetechniques were already employed. To defeat theFilipino guerrillas fighting for independence, theUS army “created five integrated security agencies,a centralised telephone network, fingerprinting,photographic identification and index of police filesof 200,000 alphabetised file cards with the meansto collect, retrieve and analyse a vast amount ofintelligence.” 27Last March, Edward Snowden revealed that alltext messages and calls passing through the twotelco monopolies in the Philippines are captured bythe NSA. With more than 100 million users of mobiletelephones, and a vibrant protest movement whichis demonised for its militancy, the US has all its reasonsto implement mass surveillance in the country.In 2013, Snowden also said that the NSA has an establishedlistening post in Manila to conduct masssurveillance against other Asian countries.Recently, a new agreement with the US wassigned by the Department of Foreign Affairs. TheEDCA allows US weapons to be based in the country.The US has a rotating military presence throughits frequent military exercises allowed by the VisitingForces Agreement (VFA). The EDCA has beenstudied by a group of computer professionals andwas found to be “an invitation for unregulated communicationand surveillance” due to its provision of26 Data Retention of Telecommunications Traffic, MemorandumCircular 04-06-2007, National Telecommunications Commission, 8June 2007.27 Morey, M. (2013, June 25). From Philippines to NSA: 111 years ofthe U.S. surveillance state. Occupy.com. www.occupy.com/article/philippines-nsa-111-years-us-surveillance-stateallowing US troops to use the full radio spectrum,which is heavily regulated by the National TelecommunicationsCommission.ConclusionsThe Philippines has established laws on communicationssurveillance since 1969. Its constitutionalso regards privacy as a fundamental right of itscitizens. In the Hello Garci scandal, where formerPresident Arroyo was caught as she allegedly instructedCommissioner Garcillano – who was beingwiretapped by the intelligence agency of the armedforces – to rig the 2004 presidential election in herfavour, the right to privacy and the principles ofjudicial authority, due process and user notificationwere not applied. This also verified the fearsof activists and privacy advocates on the possibleconnivance between telcos and state forces to trackelectronic communications.Furthermore, the country has a long history ofbeing part of NSA spy programmes. Its previousand present administrations have been subservientto US interests, which includes allowing the establishmentof listening posts by the NSA to establishlistening posts, the capture of massive amounts ofmetadata on mobile networks, and the importing ofsurveillance equipment through the EDCA and VFA.However, Filipino netizens are also aware oftheir political strength, once mobilised. They wereactive in the ouster of two previous presidents andhave shown their capacities again in the 2013 MillionPeople March against the corrupt use of publicfunds by the current Aquino regime. It did not takelong before they realised that the state and the UShad been tracking their activities online and offline.Action stepsThe following recommendations can be made sothat awareness of the 13 Principles and a strongersense of the right to privacy are propagated:• Through campaigns, create awareness of theSnowden revelations and how the state and telcoshave cooperated with the NSA to conductcommunications surveillance.• Lobby for an Internet Bill of Rights similar toBrazil’s.• Call for the strict implementation of the DataPrivacy Act to protect citizens from the misuseof data for profit.• Create forums on information security and privacyrights, similar to CPU’s briefing for socialactivists.196 / Global Information Society Watch Philippines / 197