
By Dr. Francis Mubanga(MSc. Network and Communications Management – Information Security,Information Security Advocate)
Zambia National Commercial Bank Plc (ZANACO) must explain the reason why it released Private and/or Confidential Information for Opposition Leader Mr. Hakainde Hichilema.Reference is made to the recent articles concerning the release of Mr. Hakainde Hichilema’s private and/or confidential information concerning his business affairs and his response.
How Government spying agents are supposed to handle private and confidential information
Politically, Zambians have a right to know their politicians’ business affairs through many sources such as Newspapers, TVs, Internet and Others. At the same time Government Spying Agents have a duty (depending on legal limitation) to spy and investigate about anyone but in this case they are limited in their role of releasing spied private information. Their role of releasing this private information (findings) after spying and investigations ends at the specific politicians in Government office (who in this case gave them this assignment).
After this the Government Spying Agents are supposed to advise specific politicians in Government office not to release this private information to the members of the general public. If the Government Spying Agents feel or think that they are chances that the politicians in Government office will release this private information to the members of general public then the Government Spying Agents need to make sure that these politicians in Government office sign the disclaimer. This disclaimer can later be used as defense if these Government Spying Agents are held responsible for that unlawful release of private and confidential information. Most of the time politicians in Government office will sign this disclaimer.
In other words after spying and investigating, these Government Spying Agents’ role is limited to informing and advising the specific politicians in Government office. Thereafter, politicians in Government office make decisions basing on the information spied and investigated on. The decision to release the private and/or confidential information to the members of general public lies on the specific politicians in Government office. This though cannot operate as a shield or protect the Government Spying Agent and other collaborated institutions such as Zambia National Commercial Bank Plc (ZANACO) and others. In fact these Government Spying Agents are supposed to be advocates of Information Security.
The big business of Cyber-espionage
Though Mr. Hakainde Hichilema has responded and claimed to be victimized, we expected him to have even gone further than this and focused more on how he was going to protect and defend private individuals’ private information for all Zambians if he became the President. This was an opportunity were he needed to give Zambians a comprehensive plan on how he was going to handle and protect private information for ordinary Zambians.
Private information has become big business (Cyber- espionage) in developed and emerging countries and therefore Zambians needs to wake up and protect their private information. For example the allegation that the Chinese are being contracted for $5 million in helping the Zambian government with deep packet inspection technology to eavesdrop, mine data, censor and intercept communications (http://www.tmcnet.com/usubmit/2013/02/20/6934340.htm) should make us wake up. Apart from this China is also being accused of cyber-attacks by the U.S.A Government and if these attacks are true then all this is being done possibly for money and this is what Chinese are good at. A report was released by Cyber-security consultant Mandiant (U.S. A. Federal Government Contractor) February 19th, 2013. This report is the most detailed look to date inside the Chinese People Liberation Army (PLA)’s direct involvement in hacking into American government and corporate websites.
The PLA Unit 61398 is identified by the report as the most prolific hacking group inside the Chinese government. Dedicated to infiltrating English-language sites, the unit recruits English-language proficient speakers and experts in computer security, but otherwise scrubs any mention of its organization from Chinese-language websites. Operating out of a 12-story, 130,663 square foot facility in the Pudong New Area sector of Shanghai, its building is able to contain as many as 2,000 personnel. Special high capacity fiber-optics was installed by China Telecom when the building was constructed in 2007 and the outfit utilizes over 1,000 servers.
In this three-year investigation, Mandiant documented Unit 61398 hacking into 141 companies (including 115 in the U.S.) across 20 industries, and stealing many terabytes of compressed data in sustained attacks averaging 356 days. The longest persistent attack documented by Mandiant lasted 4 years and 10 months. The largest recorded theft was 6.5 terabytes from a single company over 10 months. China has denied these allegations though (U.S. News, 2013).
China having a record or history of cyber-attacks at least has money to defend itself if taken to task or Court for damages. In case of Zambia, Zambian Government has no money or luxury to start defending itself over cyber-attacks it is trying to initiate or implement through telecom companies registered with Zambia Information and Communications Technology Authority (ZICTA) as alleged. If these cyber-attacks are implemented or go on, all these companies registered with ZICTA and associated with these cyber-attacks will be lined up for legal suits. Not only will they face legal suits but also see their stock prices falling in the international financial markets quickly.
Government Spying Agents needs to know that their roles are very important when it comes to information security. They need to step up to the politicians in Government office and advice on the dangers of awarding a contract of $5 million to a Chinese company when China has a record and history of cyber-attacks to other nations. What makes us trust this Chinese company with our private information? Absolutely nobody wants his or her private information be in the hands of the Chinese company.
Instead of awarding $5 million contract to the Chinese for Cyber-attacks on Zambians, Government needs to focus on protecting Government networks and information for all Zambians through creation of employment for young Zambians in information security and other related areas. This way we are not only going to take care of our own networks and information, we are also going to export the knowledge of information security to our neighboring countries. Developing countries in Eastern Europe in the same situation like Zambia is economically are profiting from computer research and information security knowledge by exporting it to the same China and developed countries. Why can’t Zambia do the same? We have a lot of young talented educated Zambians who can be trained to the level of the same Chinese in information security in short time.
Sueing ZANACO
Coming to ZANACO, ZANACO has no authority to release Mr. Hakainde Hichilema’s private and/or confidential information unless requested by Court Order or other laws such as Money Laundering laws and that is if Mr. Hichilema is being suspected of Money Laundering or other criminal activities. In this case no Money Laundering activities have been uncovered. ZANACO is now supposed to write to Mr. Hakainde Hichilema to explain the circumstances without even Mr. Hakainde Hichilema requesting for the explanation. If ZANACO does nothing Mr. Hakainde Hichilema can now choose to see a Certified Fraud Examiner (CFE) or lawyer on the way forward.
Once again a Public Listed Company (Plc) such as ZANACO should not allow itself falling in the trap of politics or politicians. Instead it should or come up with universal standards of handling private information of clients adopted by peer international banks. We have not forgotten how by then the same ZANACO owned by Government fell into similar trap when politicians took advantage of it during late former President FTJ Chiluba’s Government. Politicians in Government used Government Spying Agent to launder cash from ZANACO – ZAMTROP A/C (Lusaka and London) until this activity was uncovered (http://www.solicitorstribunal.org.uk/Content/documents/9575-2005%20-%20Meer.pdf).
Now that ZANACO is in private ownership and listed on Lusaka Stock Exchange (LuSE), it cannot afford to start conducting itself in line with politicians or politicians in Government office without looking at its obligations towards its clients first and implications of its actions. It’s only in Zambia Public Listed companies are being spared by private individuals in terms of legal suits. In developed countries most of these Public Listed companies are being taken to court to pay damages for such actions such as unlawful release of private and/or confidential information through Class Action Suits.