As President Barack Obama faces pressure to discuss human rights in his first official visit to Ethiopia, a unique lawsuit back home is challenging whether the African country can spy on an American by turning his computer into a giant recording device.
The federal case alleges Ethiopian government agents gobbled up months of a Maryland man’s Skype calls and his family’s Internet activities. But the man, born in Ethiopia and now a U.S. citizen, isn’t wanted for a crime. Instead, he helps out a political opposition group outlawed in his home country.
The alleged intrusion was investigated after the software left behind bread crumbs, underscoring a larger pattern: The use of commercial hacking software by foreign governments, sometimes with poor human-rights records, to electronically snoop on their adversaries.
White House press secretary Josh Earnest said last week that the U.S. “regularly conveyed to Ethiopia’s leadership our concerns in such areas as press freedom, transparency, space for civil society and the political opposition.”
Human Rights Watch and other organizations urged Obama, who arrived in Ethiopia on Sunday after visiting Kenya, to put the “pressing human rights concerns” in visits to Ethiopia and Kenya “at the forefront of your discussions.”
Ethiopia has sought hacking software from at least two separate companies, court records and emails show. The legality of such technology in other countries — and a U.S. federal judge’s pending decision on whether the Maryland man’s can proceed — could raise foreign-policy implications for governments worldwide.
The Obama administration has had to deal with other countries hacking into American computers and compromising private data. The Justice Department last year charged five Chinese military hackers for breaching major corporations’ systems and siphoning off business secrets.
Lawyers for the Maryland plaintiff, who goes by Kidane in court documents to protect him from retaliation, say software called FinSpy made secret audio recordings of his Skype calls, copied portions of his emails and logged Web searches done by his middle-school-age son for school.
“Just because governments around the world engage in spying doesn’t make it legal,” said Nate Cardozo, a staff attorney with the San Francisco-based Electronic Frontier Foundation, which is representing Kidane. “And when spies get caught, there are consequences.”
A federal judge in Washington asked the U.S. government this month if it wanted to weigh in on the case. Ethiopia wants the lawsuit dismissed, saying governments have immunity when conducting such activities. The EFF says the case is important for showing warrantless wiretapping is illegal and can be the basis of a U.S. lawsuit, regardless of who engages in it.
Offensive hacking software is used by investigators to gather evidence for criminal prosecutions or, at times, spy on foreign adversaries. The FBI in 2007, for instance, sent a bogus Associated Press story to a 15-year-old suspect in Washington state who was accused of making bomb threats; the story contained secret software that helped reveal his location.
Human rights and free press advocates have bristled in letting oppressive governments gain access to that technology. The nonprofit Freedom House ranks Ethiopia as being one of the worst countries for press freedoms, and said the country’s 2009 anti-terrorism law has been used extensively against reporters.
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