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July 4, 2017 - Comments Off on Pakistan Struggles as Civil Liberties Stifle: June 2017

Pakistan Struggles as Civil Liberties Stifle: June 2017

PRIVACY UNDER ATTACK: WikiLeaks Reminds Us of the NSA/GCHQ Theft of Official Pakistani Citizen Data

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On June 6th, The Intercept and other news outlets reported on a leaked National Security Agency report that analysed Russian military intelligence’s attempts to hack electoral systems days before the United States Presidential Election in 2016. According to WikiLeaks and Assange, both the GCHQ and the NSA acquired access to the database of Pakistan’s National Database and Registration Authority (NADRA) to get hold of the identification records of Pakistani citizens, in order to be able to track anyone that they may suspect to be involved with terrorism. Read More...

Shmyla Khan Talks About Cyber Harassment on FM91

Shmyla Khan FM91

Shmyla Khan, represented the hardworking team of the Cyber Harassment Helpline on FM 91’s “Pakoray and Patakay” with Ahmer Naqvi on June 16, 2017. The discussion created awareness about online harassment and tips about digital security--followed by a quiz for the audience. Thank you to the team for supporting DRF!

Data Protection & Privacy in the Digital Age – Part 1: “You Are Being Watched”

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We live in what cyber space specialists call the “Golden Age of Surveillance.” As our lives become increasingly digitalized, our privacy is proportionally threatened by the onslaught of data-hungry marketers and companies interested in snooping on our behavioural preferences. Not all of us realize that with or without our consent, our lives are being tracked and gathered in a massive database of personal information by companies and government agencies. But what can we do about it? Read More...

Statement of Support #RecoverAishaAndAlyaan

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Digital Rights Foundation and Girls at Dhabas condemn the attack on Asma Jahangir’s associates from AGHS Legal Aid Cell - comprising a female lawyer and two male lawyers - inside a courtroom at the Lahore High Court yesterday morning, i.e. June 20, 2017, by a large group of about 60 to 70 lawyers. Asma and her team have been representing a poor woman who filed a petition to find her missing daughter, 26-year-old Aisha, and grandson, Alyaan. Read More...

Social Media Crackdown in Pakistan

Crackdown of social media activists continues as a Pakistani journalist, Zafar Achakzai, was arrested on June 25, 2017 in Quetta. Zafar has been accused of writing against “national security institutions” on social media and charged under the Prevention of Electronic Crimes Act. Read More...

Taimoor Raza Sentenced To Death For Blasphemy on Facebook

Courtesy of Guardian. Photograph: Faisal Mahmood/REUTERS

Courtesy of Guardian.
Photograph: Faisal Mahmood/REUTERS

An anti-terrorism court in Pakistan has sentenced a man to death for allegedly committing blasphemy on Facebook, the latest step in an intensified crackdown on dissent on social media, reports Guardian. Read More...

IFEX At 25: Strategy Conference & General Meeting, Montreal, Canada

IFEX at 25

June saw IFEX, the international freedom of expression network, mark its 25th anniversary in Montreal, the city in which it was founded, with the 2017 IFEX Strategy Conference and General Meeting. The theme of this year’s conference were the 3 ‘Rs’ - Rights, Resistance, and Resilience - to quote Cathal Sheerin of IFEX, “In other words, what our members fight for, the way they fight and how they endure the often relentless attacks on their work and organisations promoting our rights.”

Given the worsening state of rights across the globe in 2017, with growing repression and travel bans preventing some delegates from being able to attend, the 3 Rs carry more weight than ever, and were a recurring theme during the workshops held during the three day conference.

Digital Rights Foundation was able to to share our experiences in the struggle for digital rights, transparency, privacy and freedom of expression in Pakistan, our cyber-harassment helpline, and to present our thoughts on the Open Government Partnership that Pakistan has recently joined.

We not only established possible collaborations with potential partners, but Digital Rights Foundation is also pleased to report that we were voted to become full members of the IFEX network - a new role that will help us in our fight for digital, privacy and freedom of expression rights in Pakistan.

Access Now: How the Digital Rights Foundation is empowering women to defend their rights

Access Now

In a world where people struggle for basic human rights and are put behind bars when they fight for those rights, they confront countless challenges every day. And if they happen to be from an oppressed or minority group, those struggles grow exponentially. Individuals and organizations are working beyond borders, day in and out, to make this fight easier for those who don’t have the information or capacity to fight for themselves. DRF focuses on the right to data privacy, and the issues pertaining to gender in technology — particularly the internet. Read More...

The Rights of Pakistani Citizens in the Digital Realm

Thought Police

Free speech on social media is being actively stifled by the government. Many people have received telephone calls by the Federal Investigations Agency (FIA), requiring them to present themselves at the FIA offices. People have received notices too. There have been detentions and seizures of people’s personal electronic devices.  Most alarmingly, criminal proceedings have been instituted against an individual for expressing opinions critical of the country’s armed forces. In such circumstances, it is essential that citizens know exactly what the limits of their freedom of expression are. Read More...

Intercepting phone calls is legal, Senate body told - July 2017

ISLAMABAD: The Ministry of Information Technology and Telecom Division on Monday informed the Senate Committee on Delegated Legislation that intercepting telephone calls is lawful and should not be taken as a serious matter because it is practiced worldwide. Read More...

June 21, 2017 - Comments Off on Statement of Support #RecoverAishaAndAlyaan

Statement of Support #RecoverAishaAndAlyaan

Digital Rights Foundation and Girls at Dhabas condemn the attack on Asma Jahangir’s associates from AGHS Legal Aid Cell - comprising a female lawyer and two male lawyers - inside a courtroom at the Lahore High Court yesterday morning, i.e. June 20, 2017, by a large group of about 60 to 70 lawyers. This group was present on the court premises to bully Ms. Asma’s team on behalf of Maqsood Buttar, member of Pakistan Bar Council. The presiding judge in the courtroom was Justice Abdul Sami Khan.

Asma and her team have been representing a poor woman who filed a petition to find her missing daughter, 26-year-old Aisha, and grandson, Alyaan. According to the petitioner, Aisha was secretly married to Maqsood Buttar and gave birth to his son. Both Aisha and Alyaan disappeared over 6 months ago. According to Aisha’s mother, after giving birth to Alyaan, Aisha started demanding that Maqsood treat both of them equally, like he would his other family. As a result, Maqsood was repeatedly violent and abusive towards her, up and until her disappearance, along with Alyaan’s.

Yesterday, at the Lahore High Court, 60 to 70 lawyers entered the court premises, disrupting proceedings, chanting insulting slogans and hurling abuses to address Asma Jahangir and her associates (terms such as “gashti” and “agent” were hurled at them). Noor Ejaz Chaudhry, the female associate who was present in court, was told to stay in her “aukaat” and harassed, and when her colleague, Osama Malik, came forward to defend her, he was manhandled and thrashed by some of the lawyers present. His clothes were torn apart and he was dragged out of the courtroom. All this happened in the presence of the judge, and the associates had to be given a backdoor to escape this violent scene.

The legal fraternity in Pakistan is rife with sexism, misogyny and injustice, as can be seen by such occurrences. Incidents like these happen frequently within our courtrooms and law firms. Systematic issues such as the overall lack of female judges in our higher judiciary and hostile courtroom environment makes work extremely difficult, and, at times, dangerous. Our female lawyers do not just fight legal battles; they endure horror stories every single day. The majority of men in the legal fraternity deliberately subject their female colleagues and peers to harassment in their professional lives. Let us not forget that Pakistan is the only South Asian country that has never had a female judge in its apex court, i.e. the Supreme Court of Pakistan. Moreover, as rightly pointed out by Reema Omer of the International Commission of Jurists, the Pakistan Bar Council has never had a female member in over 40 years of its establishment.

Bar politics and intimidation by lawyers is another problem that has impeded justice and resulted in the harassment of several litigants. The abuse of power and mobilization flies in the face of tall claims of access to justice and litigant-friendly courts. Abuse of power and violence is openly flouted by lawyers who instead of protecting and defending the most vulnerable among us, continue to misuse their power and political clout with impunity. This instance is a clear obstruction of justice and an attempt to wrongly protect lawyers within the fraternity.

There needs to be strong and categorical rulings ordering strict measures against lawyers who routinely harass women. It is extremely important to end impunity of lawyers engaging in such offensive conduct and to ensure that there are repercussions for those who deliberately engage in such behaviour. Furthermore, such measures will ensure that members of the legal fraternity are well aware of the fact that their words and/or actions represent discrimination and/or harassment. Judges need to take strict action to ensure that their courtroom is free of discrimination of any sort, and that nobody present during the hearing is mistreated. There needs to be a larger conversation, at all levels of the court system and legal fraternity, regarding the underrepresentation of women and the harassment that they face.

We stand in solidarity with Aisha’s mother, as well as Asma and her associates, and hope to find answers regarding the disappearance of Aisha and her son Alyaan. Addressing what happened yesterday, and resolving the case in question, is necessary to prevent more unfortunate episodes and miscarriages of justice like these from taking place.

#MisogynyinPkCourts #RecoverAishaAndAlyaan

June 19, 2017 - Comments Off on The Rights of Pakistani Citizens in the Digital Realm

The Rights of Pakistani Citizens in the Digital Realm

Free speech on social media is being actively stifled by the government. Many people have received telephone calls by the Federal Investigations Agency (FIA), requiring them to present themselves at the FIA offices. People have received notices too. There have been detentions and seizures of people’s personal electronic devices.  Most alarmingly, criminal proceedings have been instituted against an individual for expressing opinions critical of the country’s armed forces.

In such circumstances, it is essential that citizens know exactly what the limits of their freedom of expression are. It is also important that they know their rights in case they find themselves on the wrong side of the law.

So what speech is actually prohibited?

The first FIR that has been lodged in such a case alleges a violation of Sections 20 and 24 of the Prevention of Electronic Crimes Act 2016 (PECA) and Sections 419 and 500 of the Pakistan Penal Code (PPC).

Section 20 - “Offences Against Dignity of Natural Person” of the PECA prohibits intentional public expression of false information online that has been made to intimidate a person, or to harm his/her reputation, or violate their privacy. It is important to note that this section appears to prohibit such speech made in relation to a human being, and not an organization or institution.

Section 24 - “Cyberstalking” prohibits doing the following four things online if they are done with the intent to coerce, intimidate, or harass a person: i) following a person, contacting, or trying to contact a person despite clear indication of disinterest by such a person, ii) monitoring a person’s internet use, emails, text messages, or any other form of electronic communication, iii) watching or spying on a person in a manner that makes them fearful, seriously alarmed, or distressed, d) taking a photo or making a video of a person and distributing it online without their consent. As with Section 20, this section also only concerns conduct relating to humans and not organizations or institutions.

Cheating a person by pretending to be someone else, or concealing your real identity is criminalized through Section 419 - “Punishment for cheating by personation” of the PPC. To be convicted of this provision, a person must cause some sort of damage, or do something that is likely to cause damage to the person being cheated. This provision is likely to be relevant when a person uses a fake profile to cheat someone.

The last provision that has been used by the FIA in its FIR is Section 500 - “Punishment for Defamation” of PPC which pertains to criminal defamation. This section criminalizes expression concerning any person that has been made with the intention to harm, or knowing, or having reason to believe that the imputations being made will harm their reputation. This provision also prohibits speech pertaining to organizations and institutions. However, good faith comments pertaining to the public conduct of public servants, and conduct of any person touching any public question are allowed.

As evident from the discussion above, good faith criticism of state instrumentalities does not seem to be prohibited. However, before the superior judiciary pronounces an authoritative judgment in this regard, explaining the applicability of these laws, any such discussion is purely speculative. Conduct that is in violation of the current governmental policy of censorship may lead to litigation, and may cause substantial inconvenience and financial costs. It is up to each individual to asses their preferred exposure to such inconvenience and conduct themselves accordingly.

Watch the video that Digital Rights Foundation curated to help citizens of Pakistan better understand the Prevention of Electronic Crimes Act 2016 (PECA):

What to do if the state gets involved?

Section 160 - “Police Officer’s Powers to Acquire Attendance of Witnesses” of the Code of Criminal Procedure (Cr.P.C), along with the PECA, allows the FIA to require a person to present themselves for question regarding a possible commission of an offence. The FIA, however, has been requiring such attendance over phone calls, which is illegal. A person receiving such a phone call must politely, but firmly, demand a formal notice under Section 160.

Upon receipt of such a notice, the person must present themselves before the authorities and answer all their questions truthfully. Where a person feels that answering a question might expose them to criminal liability, they may refuse to answer. Their statement may be recorded on paper, but the FIA does not have the authority to compel them to sign it.

Furthermore, the FIA does not have the authority to detain a person when they have been called pursuant to a Section 160 notice.

The FIA has also required people to surrender their electronic devices for forensic searches. It appears that the FIA is not authorized to do so without a warrant. So if someone finds himself or herself being asked to surrender their devices, they should demand to see a warrant authorizing such a seizure. A person may be required to bring their devices to the authorities, but a seizure of these devices will always require a court warrant.

The FIA, may, however, ask you to surrender your data if it apprehends that the data might be destroyed. This can possibly be done by making a copy of your hard disk. However, the FIA must provide you a written notice under Section 31 - “Expedited Preservation and Acquisition of Data” of the PECA when doing so, and bring this retention to the court’s notice within 24 hours.

So how should we tailor our conduct?

As discussed above, each person must make their own decision as to how much inconvenience they are willing to expose themselves to. Given that the PECA is a relatively new law and the courts have not really explained the contours and limits of its provisions, little about it is known with certainty. It is likely that the government’s interpretation of the law is flawed, and its actions will be restrained in the future by the courts. Till that time, however, online expressions that are critical of state institutions, such as the armed forces, may land a person in trouble. If one does find themselves in trouble, it is highly advisable to immediately seek legal counsel.

Author: Jahanzeb Sukhera
"Jahanzeb is a lawyer based in Lahore"

June 15, 2017 - Comments Off on Data Protection & Privacy in the Digital Age – Part 1: “You Are Being Watched”

Data Protection & Privacy in the Digital Age – Part 1: “You Are Being Watched”

It’s a regular, blazing hot day in sun-scorched Lahore. You might be in the mood for a cocktail, so you call up a local restaurant, asking for their timings and menu. Later in the day, when you're scrolling through Facebook on your mobile, you notice advertisements of the very same place being shoved in your face not-so-subtly, with the blue thumbs up button urging you to “like” the page and subscribe to the restaurant’s updates.

Some of us might find these targeted ads convenient, but many others find them intrusive and even disturbing. Whether you are shopping, eating out, socializing or browsing the internet, you are being monitored and filed through the digital traces produced by your life. Data collection has become synonymous in the age of digital consumerism. It’s at work when you purchase an item from some random shop which then targets you with dozens of SMS. Ever wonder how businesses you have never even heard of solicit you? It’s because your data is being sold for exorbitant prices to marketers who then spam you with advertisements for everything from clothes to mattresses. Behind the complex algorithms powering your favourite apps and websites lies a humongous database of personal information and meta-data that paints a complete portrait of your social identity. Your silent stalkers are none other than the very institutions that form  a part of your daily lives. From local businesses to multinational corporations, from boutiques to your mobile network, and from NADRA to FIA, your personal information is increasingly in the hands of giant corporations and government agencies which operate without any legal oversight or safeguards for data collection and transmission.

Re-thinking your choice of a cool summer drink?

You’re not alone.

We live in what cyber space specialists call the “Golden Age of Surveillance.” As our lives become increasingly digitalized, our privacy is proportionally threatened by the onslaught of data-hungry marketers and companies interested in snooping on our behavioural preferences. Businesses want to know everything about our spending habits so we can open our wallets to them more often. Everything from why we shop, what we buy and how much we spend is information that is priceless to marketers. Remarkably, we might just be helping data collectors unwillingly. We all know people who feel the need to document their personal lives on social media, from uploading albums of pictures on Facebook to snapping the latest dish from the hottest restaurant in town. Some of us might be to blame for oversharing as well. And it’s not just businesses. Fingerprint identification and SIM card registration might be useful for anti-terrorism efforts, but it’s also a privacy nightmare for regular citizens. Not all of us realize that with or without our consent, our lives are being tracked and gathered in a massive database of personal information by companies and government agencies.

But what can we do about it?

Data protection laws might help. Such laws empower data subjects such as you and I with the ability to control the collection of our personal information, equalize our position against powerful data-mining corporations and authorities, and prevent discriminatory and abusive usage. Data protections include restrictions on data transmission and retention, limitations against intrusions of personal information and offenses for violators. The importance of such legal safeguards goes beyond our concerns for privacy: according to reports by the United Nations, even the perception of surveillance by government agencies produces a chilling effect on citizens, who censor themselves out of fear. Political dissenters, journalists, activists and whistleblowers might pay a greater price for acting in the public interest in the absence of protective mechanisms. Data protection laws help foster a democratic environment which encourages, rather than stifles, the free exchange of ideas and discourses. Increasing reliance on such laws in the international sphere means that there are economic advantages for data privacy legislation. Pakistan is unfortunately among the 60 countries in the world which completely lacks such data protection legislation. Our nearest competitor, India, for example, is in the process of enacting comprehensive data protection legislation to secure economic co-operation with the European Union, whose laws demand partner countries to adopt such protections for commercial interests.

In short, data protection laws are severely needed to protect our social, economic and political interests, and thus our very lives.

Author: Ashtar Haideri

June 6, 2017 - Comments Off on Of Challenging Online Violence, Preserving Digital Rights and Internet Freedom: May 2017 at DRF

Of Challenging Online Violence, Preserving Digital Rights and Internet Freedom: May 2017 at DRF

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May 2017 was one of the busiest months at Digital Rights Foundation. With a talk at Carter Center, one at University of Harvard, the launch of a research study, a national conference, two workshops, and multiple events and sessions throughout Pakistan - the team was busy making the internet safe and accessible for everyone.

This post summarizes the activities in May 2017 at Digital Rights Foundation.

Nighat Dad speaks at the Harvard University - May 3, 2017

Nighat Dad spoke about "Digital Rights and Online Harassment in the Global South" at The Berkman Klein Center for Internet & Society at Harvard University on May 3, 2017. Nighat's talk focused on how people in the South are unaware of their digital rights. They, especially women, face online harassment and have no support to handle the trauma that comes with it. She also emphasized on the fact that cyber threats very often translate into offline consequences.

Nighat Harvard

Nighat shared the process of setting up Pakistan's first Cyber Harassment Helpline with a very limited budget for the survivors and victims of online harassment. She alse highlighted the stats of the helpline in the first 4 months of operation since its launch in December 2016. The talk in its entirety can be watched here: [YouTube Link]

Digital Security Clinic at Digital Youth Summit 2017 - May 5 to 7, 2017 in Peshawar

In early May, DRF organised a free Digital Security Clinic at the Digital Youth Summit in Khyber Pakhtunkhwa (KPK). Our 3-person team dispensed digital security advice, raised awareness about cyber harassment, and gave people hands-on demonstrations on how to use important digital security tools. The clinic was an immense success, serving approximately 320 over two days--that’s around 20 people per hour!

DRF Tweet Wall at Digital Youth Summit

DRF Tweet Wall at Digital Youth Summit

The team was expecting a conference full of techies, but to their pleasant surprise many of the visitors were from non-STEM backgrounds-–including teachers, political activists, businesspersons, artists & artisans. The team also put up a tweet-wall against harassment that KPK filled up with lots of love. But the moment that made it worth it all was when one of our female visitors looked at us and said: “Thank you all for doing this here!”

Nighat Dad Speaks at The Carter Center - May 8-9, 2017:

Nighat Dad addressed the former US President Mr. Jimmy Carter, and Senator Mr. Bernie Sanders at The Human Rights Defenders Forum organised by and at The Carter Center.

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Nighat talked about some major issues that concern digital rights and privacy of the global citizens, including the laptop ban that Nighat says is actually "the Muslim laptop ban". She also emphasized on the US mass surveillance and the Muslim travel ban. According to her, these human rights violations by the countries like the United States of America set bad precedence for other countries like Pakistan that adopt their practices and laws from the west.

Watch the video here as she speaks to the room full of human rights defenders from around the globe.

Hamara Internet FNF Training - Bacha Khan University

Digital Rights Foundation held an awareness raising session with the students of Bacha Khan University, Charsada in collaboration with Friedrich Naumann Foundation (FNF). The session was held to create awareness among women about online violence, abuse and harassment. Digital security tips were also given to women in the session to create awareness on how women can protect themselves online. University students actively participated throughout the session and shared their queries and stories regarding online harassment.

Charsadda Session

Nighat Dad Selected as TEDGlobal Fellow for 2017

Nighat Dad has been selected as one of the TEDGlobal Fellows for 2017. Nighat along with 20 other fellows for 2017 will talk at the TED stage in August in Arusha, Tanzania. According to the TEDGlobal website, “[The TED Fellows] are building companies, sequencing rare diseases, exploring the stars, making music, saving lives, mapping political violence, and much much more.” Details here.

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Nighat has been defending digital rights and advocating for the open internet access for all in Pakistan since 2012. She has been named TIME’s Next Generation Leader 2015, has won the Atlantic Council Award, and the prestigious Human Rights Tulip Award in 2016.

Hamara Internet Workshop “Ending Cyber Harassment Against Women with CSO Representatives" - May 22, 2017

DRF held a workshop under the Hamara Internet banner in Islamabad with civil society representatives to discuss the impact of cyber harassment and online abuse. Participants participated enthusiastically where they discussed various roles of Civil Society Organisations (CSO's) to prevent online violence and harassment. The closed working group also shared their opinion about the role of media and its implications for common citizens.

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Hamara Internet Conference "Challenging the Evolving Threat of Online Violence" - 25th May, 2017

Digital Rights Foundation organized the “Hamara Internet Conference- Challenging the Evolving Threat of Online Violence” in Lahore on May 25, 2017. The conference included women and digital rights activists, and dealt with issues of online harassment, freedom of expression, privacy, data protection, monitoring, the internet economy, and digital access. The event was attended by students, academics, activists, members of the tech industry, journalists, and women's rights organizations. The panels consisted of “Hamara Internet: Understanding Online Harassment”, “Opportunities on the Internet: New Patterns in Business, Employment and Innovation for women” and “Imagining a Feminist Internet with the Help of Hamara Internet."

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The conference also marked the soft launch of Digital Rights Foundation’s quantitative study “Hamara Internet: Measuring Pakistani women’s of online violence”. Furthermore, Jannat Fazal (Psychologist, DRF) and Safieh Shah (Consultant, Medicin Sans Frontiere) also presented their research on “Online harassment: Implication on the mental health of women globally, based on a review of Digital Rights Foundation’s operations in Pakistan."

Measuring Pakistani Women's Experience of Online Violence - Research Study by DRF

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Digital Rights Foundation marked the soft-launch of Pakistan’s first quantitative research study on online violence titled, “Measuring Pakistani Women’s Experiences of Online Violence” on May 25, 2017. The study compiles the data collected from close to 1400 women during the 17 sessions that had been conducted in Punjab, Sindh, KhyberPakhtunkhwa, Balochistan, and Gilgit, to create the first ever set of data around online violence in Pakistan. The study maps different aspects of online violence against women, along with a look at how women use digital tools on the whole. It highlights the need for more awareness about anti-harassment laws.

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It was found that 72% of the female respondents reported that they were not aware of cyber harassment laws in Pakistan. Most women pointed out that they either had not read or understand (24%) terms and conditions of social media websites. Furthermore, 45% of the women felt that they did not report online harassment because they were embarrassed and 47% felt that it would not be taken seriously by law enforcement agencies.

The details on the research can be accessed here.

Workshop on Privacy and Digital Rights - May 26, 2017

Digital Rights Foundation held a workshop on privacy and digital rights on on May 26, 2017 in Lahore.

Privacy workshop

The Workshop discussed the state of privacy rights in Pakistan in light of cyber law and its implementation. The goal of this focus group discussion was to start a debate about the law, its significance and shortcomings in terms of implementation. Furthermore, Digital Rights Foundation talked about privacy rights and the need for a data protection law in light of best practices abroad. The workshop participants were divided around themes of media regulation (both traditional and social media), SAFE City initiatives and telecommunications policies. The participants put forward several suggestions regarding standard operating procedures, right to know how information is used and demanded transparency from the government. The participants pointed out that social media and blogs are unregulated, and they concluded that there needs to be some SOPs around media ethics and privacy.

Online Harassment : A Retrospective Review of Digital Rights Foundation

A study on Online Harassment was presented by Jannat Fazal - the mental health counselor at DRF - and Safieh Shah - Consultant at MSF -  on MSF Scientific Day 2017 organised by Doctors Without Borders/Médecins Sans Frontières (MSF) in Delhi, India on May 27, 2017.

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The aim of the review of the data is to highlight the psychological impact of cyber harassment on female mental health in Pakistan. Data was collected through Cyber Harassment Helpline from 406 callers using telephonic questionnaire from December 2016 to April 2017. This included demographics, problem description and notes taken by the experts during calls.

DRF and Girls@Dhabas Condemn the Cyber Harassment of Amar Sindhu and Arfana Mallah

Digital Rights Foundation and Girls@Dhabas released a joint statement to condemn the cyber-harassment, abuse and intimidation that well-known professors and activists of Pakistan Arfana Mallah and Amar Sindhu have been subjected to over the past four months. Read the statement here.

October 14, 2016 - Comments Off on After the Murder of Qandeel Baloch

After the Murder of Qandeel Baloch

Author: Hija Kamran

Nearly three months ago, people woke up to the news of Qandeel Baloch's murder by her brother in what was said to be an honour killing. The case caught the attention of the media and sparked debates around honour killings, privacy and women in the public eye. Recently, however, after the reports on her parents’ plight for help, it became apparent that the media attention had not translated into support for those left behind in wake of her murder.

Digital Rights Foundation (DRF), after a crowd funding campaign, went to Multan to meet Qandeel’s parents (who were accompanied by their lawyer), only to find out that her 80 year old father Azeem Khan and mother Anwar Bibi were struggling to live in their house due to non-payment of rent – the same house where Qandeel, their sole support, was murdered. They left Multan soon after their daughter’s tragic death and were living in their village, Shah Sadar Din in Dera Ghazi Khan. The rent of the house and utility bills, however, were immediately paid with the help of the funding DRF raised in only three days with the help of Women’s Action Forum, The Feminist Collective and individual donors.

Qandeel was brutally strangled to death because she chose to lead her life differently. She had always been the victim of lack of journalistic ethics, when media personalities called her on TV for extra TRPs, and when her real identity, including her CNIC and Passport, was revealed to the world. She feared for her safety and sought police protection, which was denied to her.

Her lawyer, Safdar Shah told us about his conversation with Qandeel right before her death, where she raised concerns about her safety after her photos with Mufti Abdul Qavi had emerged. The conversation was later leaked to the media. The media even converged on her village, interviewing locals and disrespecting Qandeel’s wishes not to have her identity made public. This naturally raises the question of where does one draw a line between public curiosity and the right to an individual’s privacy. In a world where anyone can be tracked just by the pattern of their activities on social media, cashing in at the expense of somebody’s privacy meant, in this case, to put them at the mercy of murderers and so-called “flag bearers” of honour. In terms of the stakes that privacy holds, Qandeel’s story is not unique.

However, just three months down the road most of us have already moved on. But her parents are still in the same state of shock and misery after their own son killed their beloved daughter and the sole breadwinner of the household. As her father, Azeem Khan shared his ordeal with DRF, one could tell by his expressions, the persecution they’ve received from the people who were once dear to them. Azeem, who lost his leg in an accident six months ago, burst into tears as he recalled how Qandeel had planned to get him a prosthetic leg and in fact had plans to take him to the doctor the morning she was found murdered.

Watch as Qandeel's parents talk about the many aspects of Qandeel's life:

A woman who selflessly supported her family, who didn’t care about what others think of her; a woman who stood for her rights to expression and advocated for the rights of women, was often misunderstood to be an attention seeker. She was in fact a one woman army on a bigger mission of her own – to break the stereotypical image of women in a conservative society. Had she not done it, her poverty-stricken family would otherwise be living a miserable life. This very woman was killed by the man who she called her brother, who she’d been feeding and putting a roof over since she had started earning. And the feeble justification of this brutal murder was honour.

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Last week, however, the parliament approved anti-honour killing bill which was in fact catalysed after Qandeel’s murder. In a country where legal proceedings are generally slow, where some murders are even celebrated; associate ‘honour’ or ‘religion’ as the motive and you have a criminal glorified as a hero. And once the people are done celebrating a murderer, they start threatening the complainant and the heir of the victim to drop charges in exchange of blood money. However, in Qandeel’s case, after the state became a party in the FIR; if the parents were to withdraw the case, the state would step in and Section 311 of the Pakistan Penal Code (Ta'zir after waiver or compounding of right of qisas in qatl-i-amd) becomes active where the court retains the discretion to punish the defendant under ta’zir (secular punishment) for 10-14 years.

Nonetheless, under the new act of anti-honour killing, even though the life sentence of twelve and a half years is compulsory, the killer can be pardoned by the relatives of the victim. In such cases, there’s only so much laws can do. The strongly established ideologies of the people and the personal beliefs towards the principles they consider larger than life – say, honour and religion – usually affect the efficient applicability of the laws of the land. But all that can be done for now is to make sure that there’s no more violence against women, and that there’s no other Azeem Khan mourning the brutal death of another Qandeel Baloch.

In her own words,

"If you have a strong will power, definitely, nothing can let you go down."
RIP, Qandeel.

August 26, 2016 - Comments Off on Use An iPhone? Update it Now!

Use An iPhone? Update it Now!

If you own an iPhone, please a take a minute to read the following warning:

On Thursday, August 25th 2016, Apple released an urgent security update iOS, the operating system upon which your iPhones, iPads and Apple Watches run. This security update has been designed to fix three huge security gaps which exist on certain Apple devices. The gaps in iOS security can allow hackers to access almost every form of data on your device, without your knowledge, including: text messages, calender entries, emails, your location, your photos and much more. Most disturbingly, the software can remotely activate your device’s camera and microphone, without your knowledge. What Citizen Labs and others are calling “one of the most sophisticated pieces of cyberespionage software we’ve ever seen” has already been used in an attempt to infiltrate the iPhone of an UAE-based human rights activist, and may not have been discovered otherwise.

For your own safety, please update your devices, and ask others to do so as well. If you are uncertain as to how to do so, please do the following:

1. Go to “Settings.”

2. Choose “General.”

3. Click on “Software Update.”

4. Agree to update to iOS 9.3.5.

5. Done.

To read about this software, and what it means, please click below:

https://citizenlab.org/2016/08/million-dollar-dissident-iphone-zero-day-nso-group-uae/

https://motherboard.vice.com/read/government-hackers-iphone-hacking-jailbreak-nso-group

From a security perspective, Apple devices are regarded as being more secure than a majority of Android ones, especially with security measures implemented by Apple in favour of users. It is important, however, that people are not complacent - update security measures on your devices; update the latest patches; download apps only from official vendors i.e. the Apple App Store and Google's Play Store; do not automatically click on links or open attachments in messages from people you do not know, or whose email addresses you do not recognise.

August 11, 2016 - Comments Off on The PECB Passes. R.I.P. Online Freedom?

The PECB Passes. R.I.P. Online Freedom?

FOR IMMEDIATE RELEASE:

The Prevention of Electronic Crimes Bill (PECB) has now become a reality. The National Assembly has approved a flawed and highly problematic drafted bill, and making it law.

This incarnation of the PECB had taken onboard a number of amended provisions that took onboard civil society input, but some of the most frightening and draconian provisions have still not been removed.

Digital Rights Foundation's Executive Director, Nighat Dad, said that "The cyber crime bill is a disaster that is being allowed to envelop the country. Our lawmakers have gone ahead with deeply problematic provisions despite being told time and again what the consequences may be."

This is a bill that has been roundly condemned by respected international and Pakistani human rights organisations and rights experts, including the United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye. In December 2015, David Kaye wrote that if adopted,

"The Bill would also set penalties that would be disproportionate to the infractions and could serve, in practice, to stifle the right to freedom of expression.”

The law contains provisions that violate freedom of expression, and most people still have no idea as to what the law holds for them, how it will impact their lives. The terms and definitions that populate the bill, such as that for “cyberstalking”, have been defined so loosely, that they can be interpreted extremely broadly, ensnaring anyone. The government and the designers of the bill have not taken steps to make people aware of the bill and its consequences, thereby ensuring that Pakistani citizens are now vulnerable and at risk from a heavily flawed and punitive bill.

The bill has been framed countless times as ostensibly protecting the people of Pakistan from cyberterrorism, hate speech, and other electronic crimes. In reality, however, the manner in which the bill defines each is exasperating in its vagueness, and lack of nuance or understanding of freedom of expression rights of Pakistanis.

One provision, Section 34, gives the Pakistan Telecommunications Authority (PTA) generous powers to remove or block access to information, as it sees fit,

“if it considers it necessary in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign states, public order, decency or morality”

The PTA has thus so far not demonstrated that it is capable of making such a decision, one that has serious ramifications for the democratic right to the freedom of expression in Pakistan, in a manner that takes into account what the consequences can and will be. In the past blanket bans that have been instituted under the garb of “morality”’ have ended up creating more problems than fixing them. For instance, doctors lost access to valuable and vital online content that related to anything having to do with the female anatomy.

This legislation has been framed as protecting the people. The reality is that it can be used to heavily censor the internet that Pakistanis are familiar with, to ensure that democratic discourse in Pakistan loses another safe space. The state will not need to step in and intimidate people to refrain from the “wrong sort” of speech online: the draconian penalties described in the bill will do the government’s work. It ensures that what safe spaces the minorities of Pakistan had found online will cease to exist, or come under heavy fire. People that were afraid of taking to the streets would use the internet and social media to make sure that their voices were heard. When this safe space is taken away by a state that purports to be protecting them, where else can they and others go?

There has been a degree of apathy and exhaustion. The belief that the law will not be implemented anyway, so why all the fuss? The fuss is that it retains the very great potential of being abused by many people, given its overly broad language and heavy penalties. It can be used to curb freedom of expression that would call truth to power, rather than help the people as the bill’s supporters claim. It is that potential for encroaching abuse and overreach of powers that Digital Rights Foundation and others have been fighting against.

The Government of Pakistan has said that this legislation is meant to protect Pakistanis. The reality is that it criminalises the fundamental rights that are enshrined in the Constitution of Pakistan, taking the nation further down the path to total surveillance, and the lost of freedom.

The Prevention of Electronic Crimes Bill 2016, passed on August 11, 2016.

August 3, 2016 - Comments Off on CM Sindh Chooses Whatsapp: Is This A Good Idea?

CM Sindh Chooses Whatsapp: Is This A Good Idea?

A few days ago, the newly appointed Chief Minister of Sindh, Murad Ali Shah, created a Whatsapp group, with the express purpose of keeping an eye on the daily activities of members of the Sindh Assembly’s cabinet (who have been added to the group) and to stay up to date on their tasks.

At first glance, this is a fairly innocuous and useful decision by the Chief Minister - it appears to save time and money on the part of taxpayers; it is a more efficient and effective means of getting Sindh’s lawmakers to coordinate matters; default end-to-end encryption ensures that their conversations are protected. Pakistan’s government is not known for its adoption of new technology, contrary to oft-repeated announcements to the contrary. In light of that, would this not be a good move?

There are problems however, once we look more closely at the situation.

One issue, for instance, pertains to the backing up of Whatsapp conversations and media. While conversations themselves are encrypted, and assuming that members of the group are indeed aware that their conversations will be backed up, the backup formats used - depending on the device used - lead to their data being exposed. iCloud (for Whatsapp on iPhone) and Google Drive (for Android users) can allow Whatsapp conversations to be accessed in plain text format, as outlined here. Usage of Web Whatsapp - a feature that lets you read and type Whatsapp messages through a desktop or laptop browser - furthermore, ensures that messages shared can be read if the computer itself is available to anyone with access.

Access to information is a key factor here, especially in regards to who should or should have it. People that have shared documents et al in the group and have downloaded them to their devices will still keep them on said devices if they leave the group or indeed the government, whether by choice or by dismissal.

Public access to information is also impacted by total reliance on closed communication solutions like Whatsapp. The minutes of physical meetings held by government departments, can be accessed by the public if post on their respective websites under the proactive disclosure - virtual group meetings cannot be, unless a member of a Whatsapp group decides to provide the information themselves.

The Chief Minister is not the only lawmaker to utilise Whatsapp or other forms of messaging apps; it is more than likely that Whatsapp, Blackberry Messenger, Skype etc are being used, whether for official communications or for personal matters. What must be taken into account, by lawmakers is that if they support legislation like the Prevention of Electronic Crimes Bill - which has the potential to severely impact the privacy and freedom of expression rights of millions of inhabitants of Pakistan - they too run the risk of their privacy being under attack. Decades of harsh military rule have over the years resulted in the imprisonment of activists and politicians in the past, who are now respected members of the government, in part because of their freedom of expression and their right to privacy being violated.

Low-cost smartphones, fairly affordable data and internet packages, and open-source mobile operating systems in the form of Android have ensured that more people in Pakistan and across the globe have access to the internet and digital services than even a decade ago. As of May 2016, there are more than 133 million mobile subscribers in Pakistan. In this context, it is important for lawmakers to embrace newer technologies, in order to not just communicate more effectively with the public, but to also ensure that there is greater transparency of governmental procedure, and greater appreciation for the rights to freedom of expression and privacy.

This post was written by Hamza Irshad & Adnan Ahmad