The problem with RICA

Bradley Prior

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The problem with RICA
Parliament has called for comment on its new bill to amend RICA, South Africa’s surveillance law. [GroundUp]
 
This is the problem of most of the laws introduced by the ANC or those amended by them. Most, if not all, are probably unconstitutional and illegal. Will still take many years, but they will all end up like this one. Unfortunately. the ANC does not have a single person to ensure a proper law is introduced.
 
End to end encryption has already rendered RICA pointless. Only an idiot would conduct a criminal enterprise through landlines, normal cellphone calls and SMS, which are basically the only communication methods the state can intercept.
 
This is the problem of most of the laws introduced by the ANC or those amended by them. Most, if not all, are probably unconstitutional and illegal. Will still take many years, but they will all end up like this one. Unfortunately. the ANC does not have a single person to ensure a proper law is introduced.
Every law that has landed in the concourt since the ANC's appointment has been declared unconstitutional in some aspect. The exception is AARTO, BUT there was never any ruling on the issues of presumption of innocence and the practicality of protecting that right as is set out in the criminal procedures act that civil rights organisations have pointed out. The municipal aspect will be tough to implement in any case. I feel like we need to rewrite the entire constitution and every law the ANC has pushed through since 1994.

End to end encryption has already rendered RICA pointless. Only an idiot would conduct a criminal enterprise through landlines, normal cellphone calls and SMS, which are basically the only communication methods the state can intercept.
Most law enforcement where it doesn't involve physical evidence has become pointless since encryption in general. Big syndicates are never caught with digital evidence and the public is becoming increasingly aware of their privacy such that these laws will eventually fall into disuse and become invalid on that basis.
 
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