All Posts in

July 28, 2016 - Comments Off on Despite Amendments proposed by the Senate, PECB continues to pose a threat to the fundamental rights of citizens

Despite Amendments proposed by the Senate, PECB continues to pose a threat to the fundamental rights of citizens

For Immediate Release:

Islamabad, 28 July 2016: Amendments proposed by Senate’s Standing Committee on IT and Telecommunications have failed to address key concerns regarding human rights violations raised by various civil society stakeholders. Civil Rights organisations that engaged with the senate committee on the matter, express concerns about the draft of Pakistan Electronic Crime Bill,2016, approved by the Senate Standing Committee on IT and Telecommunication.

Civil rights and industry stakeholders have engaged with the legislators since mid 2015, when this bill was first tabled in the National Assembly. Stakeholders have provided detailed inputs and recommendations, highlighting the potential human rights violations and suggesting alternates in line with constitutional provisions and international best practices. However, the Ministry of IT, has repeatedly dismissed these concerns.

The continued engagement with the civil society and other stakeholders has been possible due to the involvement of some parliamentarians, to whom we remain grateful. However, the most recent set of amendments is disheartening, as it continues to ignore the fundamental concerns raised during the consultations. We feel that the engagement and handwork of the stakeholders is being set aside to push through a law that is contradictory to constitutional rights, international best practices and lacks adequate safeguards and oversight to protect the citizens of Pakistan.

On the contrary, newer and harsher amendments have been added in the approved version. We are particularly concerned by the continued inclusion of Section 34, the dilution of real time surveillance processes that contradicts the process defined in Investigation for Fair Trial Act, the subjective description of hate speech and inclusion of an amendment that allows unfettered power to the Federal Investigation Agency, to generate and submit forensic evidence, instead of relying on an independent body as earlier recommended.

We would like to point out that all the meetings outlined by the committee, along with their given deadlines, were honoured by the civil society. We are deeply disturbed and alarmed that despite our best efforts the bill continues to incorporate provisions that pose a threat to our fundamental rights.

If passed in its current form the bill would be detrimental to civil liberties in Pakistan. It will allow unfettered power to law enforcement agencies and an executive authority to crackdown and criminalize free speech online.

As this approved version goes to the Senate for discussion, we urge Senators to stand up for our civil liberties enshrined in the Constitution of Pakistan and take into consider the amendments suggested by the relevant stakeholders, for the sake of continuation of the democratic process.

Signatures:

Digital Rights Foundation

Bolo Bhi

Bytes For all

Media Matters for Democracy

Freedom Network

IRADA

Courting The Law

NexDegree (Private) Ltd

Tahira Abdullah - Activist

Jibran Nasir – Activist

Never Forget Pakistan

Human Rights Commission of Pakistan

July 20, 2016 - Comments Off on Invasion of Privacy & The Murder of Qandeel Baloch

Invasion of Privacy & The Murder of Qandeel Baloch

On July 15 Qandeel Baloch was murdered by her brother, claiming that it was a matter of family ‘honour’. One of Pakistan’s most famous and outspoken social media stars, Ms. Baloch used social media platforms to express her life, where she would share her thoughts, opinions and visual media. Her posts would at times poked fun at male Pakistani public figures and celebrities, which were often an exposé of the “hypocrisies of a patriarchal society dominated by a narrow-minded, self-righteous moral police”, according to the the blog No Country For Bold Women. This self-righteousness, a part of public media and social media discourse in Pakistan, regards the right to privacy, to anonymity, as mere obstacles to getting the “truth” out, regardless of the very real consequences that it can have. By violating her right to privacy and broadcasting detailed personal information, without any understanding of what that could entail, a woman was killed - and there still no conversation about privacy in Pakistan.

The self-righteousness that killed Qandeel still persists in the wake of her death, however, and thus compels us to question the facilitating factors at play - not only does the murder continue to be remarked upon with heavy victim-blaming sentiments, there are opinions that have voiced support for her murderer, and against her “lifestyle”. These remain, for the most part, unchallenged in the media. These include statements by senior commentators such as Haroon Rashid at Dunya News and Shahid Masood at ARY, among others, both of whose statements appear to blame her for her own murder; politicians such as Fauzia Kasuri of PTI, who had condemned her death but made misogynistic statements about her lifestyle, and that she required ‘psychological counselling’. Fauzia Kasuri and a few others have since deleted their statements on social media platforms, but there exist receipts on blogs such as No Country For Bold Women.

The constant refrain in the wake of Qandeel Baloch’s death has been that while it was her brother killed her, the media and Pakistani society have her blood on their hands - this is not an unfounded opinion. The provocative and often adversarial nature of the media in Pakistan has often blurred the line between what is in the public interest, and what conforms to journalistic ethics, for the sake of greater viewer or readership figures. The public and the media can be fickle in regards to celebrity, regardless of geography, often looking to break down figures that they may have celebrated or reported on in the past, by uncovering and broadcasting personal information that can put them at risk. This isdangerous enough in the wrong circumstances.The socially conservative and patriarchal nature of Pakistani society ensures that anyone that publicly declares themselves to be feminist and progressive, and who point out the hypocrisies of said society, will find themselves fearing for their lives, without protection from the state, even when they have requested said protection. The lack of proper measures for the right to - and the protection of - personal privacy, as well as a basic society-wide lack of understanding of the concept of privacy, played just as much a part in Qandeel Baloch’s death as the flawed and fragile hyper-masculine concept of ‘honour’.

“Qandeel’s Cinderella Story: She is not a Baloch her real name is Fouzia Azeem she is dishonouring Baloch people”. This tweet, which since has been deleted, was by Hamir Mir, an influential veteran journalist with Geo News in Pakistan. This lapse in journalism ethics particularly galling as being a veteran journalist, Mr. Mir has found himself in danger on a number of occasions for his reportage and commentary, and should have understood the necessity of anonymity and safeguarding the privacy of an individual. By revealing her real name, it highlighted a disturbing lapse of journalistic ethics, and opened her up to greater risk of attack.

In the days leading up to her death, a man claiming to be an ex-husband approached the media, revealing details about their marriage and child. Ms. Baloch confirmed the marriage, and went on to explain that it was an abusive situation that she had to leave. Furthermore a politician in Dera Gazi Khan sent her a legal order, “demanding that she apologise for ‘bringing shame’ to the Baloch race, stop using Baloch as her surname and pay him Rs. 50 million [...] otherwise, strict action will be taken against you." This led to death threats that prompted her to seek protection from the government, to no end, caused her to make the decision to leave Pakistan after Eid-ul-Fitr, with her parents.

This cannot and should not be placed solely on the shoulders of one journalist, however, but a wider media culture: on June 23, Daily Pakistan ran a profile on its website (still available at the time of writing), that carried had a scanned image of her Pakistani passport, with her details readily available and easily exploited. Further to this, an Urdu-language piece by Siasat TV extensively exploited Qandeel’s private life for their viewers - as with the Dunya article, this too is still readily available online today.

These examples of violations of Qandeel Baloch’s privacy and anonymity have led to the creation of No Country For Bold Women: a blog that has recorded these and other examples of invasion of privacy, of victim blaming, before and after her murder, so that evidence is kept for posterity, even after the originals have been erased. When one understands the the social context in Pakistan, the broadcasting of her personal information by the media - already a violation of journalistic ethics and objectivity, takes on a more horrific tone, as that violation of privacy can and did lead directly to her death at the hands of her brother, toxic masculinity, and the predatory media.

The damage has been done. The question becomes, however: what can and must be done in the wake of Qandeel Baloch’s murder?

The media often regards itself as a valuable part of a nation’s fabric, productively contributing to the social ecosystem. A free press is rightly a vital part of democratic discourse, but a feral press that decides to dictate or echo questionable morality does not aid that discourse. Freedom of the press does not necessarily mean freedom from consequences of the outcome. We are not calling for the muzzling of the media, but there must be accountability. There must be a sea-change in the way that journalistic ethics – or an apparent lack thereof – are adhered to in Pakistan.

PS: The examples of violations of privacy, victim-blaming, and the interviews referred to in the post can be found at the No Country For Bold Women blog.

July 16, 2016 - Comments Off on Qandeel Baloch Murdered – Nation’s ‘ghairat’ strikes again

Qandeel Baloch Murdered – Nation’s ‘ghairat’ strikes again

Its our Saturday – after an exhausting week of work, we deserve a break. A break from the world, a break from the bullshit that surrounds the world we find ourselves in. And to be completely honest it was going all serenely and as planned – the doing nothing that is – till we opened Facebook to find out that Qandeel Baloch has been killed.

And now we’re enraged.

We can’t write enough about how sad, shocked and enraged we are. Our bodies shiver from a mix of these emotions and we can’t physically vocalize them. Why? Because the eternal patriarchy that upholds the Pakistani society is rejoicing in Qandeel’s murder.

And it has so many names and forms: the celebration is happening on cell phones held, through tweets and Facebook posts, in the kitchen where rotis are being made, in darkened rooms littered with tissues and dirty rags, in weekend gatherings of testosterone – its everywhere.

And we as an organization are repulsed. Qandeel Baloch, a girl in her twenties, a survivor of an abusive marriage, a mother of a child – and a woman who was taking charge of sexuality has been murdered. It doesn’t matter who killed her, because let’s be honest – we as a nation killed her.

Yes! Me and you, us – we killed her and many others who die every single day in Pakistan. The approximately one thousand girls who die every year in the name of honor. And now while every news media outlet tries to capitalize on her death, while members of this society raise her son to hate her mother’s memory – we as citizens won’t be held accountable. We killed her.

Never forget. All of us who are happy in her death, who called her names in public but jerked off to her our rooms – we killed her. We killed her slowly but surely. And we aren’t sorry, we won’t be sorry, we will celebrate. This me and you – we have so many forms. We are mullahs who sleazed up to girls and boys whilst stroking our beards. We are the boys and men who police women 24/7, we are the girls and women who call Qandeel a bitch, a slut, a whore. We are the same bunch who say things like “if that girl was killed in the name of honour, she probably deserved it”.

Qandeel Baloch – was, is and now never will be the ‘Pakistani Kim Kardashian’. She did not come from the bourgeois elite, she was not educated in the best schools, she did not have the best paid PR team in the world marketing her, and she most definitely did not have the one of the best security detail surrounding her.

Qandeel was a woman who chose to share her life on social media despite of us, she chose to be in-charge of sexuality and she refused to be ashamed for her being. She was defiant and courageous, she claimed online spaces and offline spaces – she made sure that her presence was felt and that she was heard. And we Pakistani loved her for it! This was why we followed her, debated her, invited her on talk shows, took selfies with her. We loved to hate her and now we’ve done the best we could. We couldn’t all collectively **** her, so we helped kill her.

It’s all good though, our conscience won’t be too burdened by this killing. We’ll resort to the Quran, the Mullahs, our Ghairat to justify her killing and many others to come. We are sure about this, because this is exactly what we’ve done to justify all the other honor killings that take place in this country every year. And we as nation hope to one day reach a place where we will have killed every defiant woman and minority before they have even managed taken their first breathe.

This post was authored by Ushbah Al-Ain

July 2, 2016 - Comments Off on Day one of the Senate’s deliberation on PECB

Day one of the Senate’s deliberation on PECB

A two day meeting took place on Wednesday and Thursday i.e. June 29-30 respectively where the Senate Sub-Committee overlooking the Prevention of Electronic Crimes Bill 2016 deliberated with civil society actors, social media activists and internet service providers, on the many issues within the draft.

This post is the first of a two part series on the proceedings of the meeting.

On Wednesday, the parliamentary panel looked into amending the different clauses that will hurt the cause of human rights in Pakistan. Freedom of expression, social media and the different punishments that are to be meted out were put on the table.

Osman Saifullah Khan chaired the meeting which was also attended by Digital Rights Foundation Executive Director Nighat Dad.

The problem of there being no balance was brought up during the meeting. A multitude of sections were discussed during the meeting and the stakeholders present gave their input as to what should be changed and what should be omitted.

Senator Farhatullah Babar who was also present on the occasion said that the bill required more clarity. He questioned the impact that the bill would have on the flow of information and freedom of expression. He also highlighted that data protection and safeguards to personal data are an issue that needs to be remedied.

The committee placed under consideration Section 19 which talks about offences against the dignity of the natural person.

NayaTel CEO Wahaj-u-Siraj was of the view that other laws already deal with this issue and this clause should be omitted from the bill. He also said that the clause could be used to abuse power and curb freedom on social media. The committee said that the proposed punishment for the section i.e. fine and imprisonment, also needed to be revisited.

Senator Mohsin Khan Leghari said that citizens also needed protection and the bill was failing to provide. It. Senator Shibli Faraz highlighted the ignorance that is prevalent in Pakistan and said that the laws need to be developed in a manner so that they could benefit the average Pakistani.

While the committee said that the clause should be kept because it would play an important role, they also acknowledged that it needed major amendments before it could be allowed to go through.

The committee also looked into Section 22 which has to do with spamming. It was observed that laws against spamming exist in many countries, however, it should not be criminalized.

Here Nighat Dad pointed out that the bill had no protection for whistle blowers or those who leaked information with public interest in their mind. The FIA official present was adamant that anyone giving out information was committing a crime, irrespective of their intent. Officials responded to a question by Babar by saying that the spamming had to do with commercial and marketing spamming and not unsolicited communication.

They advised that the imprisonment should be removed, however, the fine penalty should be retained. During the next meeting, a comparison of EU and Singaporean law will also be brought to the table to see what improvements can be made to the PECB.

For Section 21, which deals with cyber stalking, the committee recommended that the content of the bill be tightened for better clarity.

July 2, 2016 - Comments Off on PTA powers on censorship, Data Protection and Privacy become focal point on Second day of PECB consultation at Senate

PTA powers on censorship, Data Protection and Privacy become focal point on Second day of PECB consultation at Senate

The meeting of the Senate Standing Committee on Information Technology’s Sub-Committee on the PECB continued on Thursday, June 30 and was rife with discussion on data.

The problems pertaining to data sharing and data protection took centre stage with all stakeholders trying to come to consensus as to what should be done. The question of whether the Pakistan Telecommunication Authority (PTA) and PEC itself require the powers that are being allotted to them was also brought up.

Once again, Osman Saifullah Khan took his position as the chair and was joined by other senators at the session.

Section 39, which has to do with international cooperation was brought up during the meeting. This section allowed the government to share information with spy agencies and foreign governments.

Senator Farhatullah Babar said that the section was flawed and made him feel vulnerable. He questioned why the government could provide his information and details to any country or agency without any safeguards in place to ensure that the data was not mishandled or misused.

He also asked what guarantee there was to ensure that the investigation officer would not use the data to manipulate, harass or extort another person.

The Digital Rights Foundation proposes that this section needs rules and procedures for its implementation. It should not be the prerogative of the Pakistani government to share any information with another government without due processes.

Section 38, which has to do with confidentiality of information, also came under discussion. The committee pointed out that the ministry needed to ensure that the seized item and their data remained protected.

The officials present said that a proper channel would be used to share data under international cooperation law. The blanket authority being granted to the PTA as per section 29 was questioned by both the civil society and the committee members.

Civil society said that the clause should be deleted because of the privacy violation of the entire internet users in Pakistan. However, Senator Osman Saifullah said that in a country like Pakistan this is not possible and we need to look for a middle ground solution.

In response to that, Senator Farhatullah Babar mentioned that if ISPs need to retain internet users data they need to include judicial oversight and only retain data of criminals and terrorists once they have reasonable suspicions.

Even to retain data for those criminals they need a judicial warrant and follow procedure mentioned in the Fair Trial Act. Dad also pointed out that while larger ISPs could afford the cost of retaining so much data, smaller ISPs would not be able to do so. Ultimately, the burden of that cost will be thrown to the average user who will end up paying a lot more for their online presence.

As an advocate of privacy our organization is of the view that there is no evidence to support the assertion that data retention leads to a decrease in terrorist activities.

Research has demonstrated that many countries have rejected data retention, including Austria, Belgium, Greece, Sweden, Germany, Bulgaria etc. Serious crimes continue to exist in these countries, and they continue to tackle them without data retention that hurts civil liberties. This clause should be omitted as it violates the right to privacy.

Section 34, which gives powers to PTA to block anything they want, also came under discussion. For a little background readers should know that PTA’s ability to block content at will is already being challenged in court.

The civil society present said that it should be removed but some of the senators said that deletion is not a proper solution and some powers should exist. They proposed that these powers be not added to this legislation and instead the PTA act should be amended to include these powers.

However, this solution is facing resistance because of the lengthy process involved.

Members of the civil society also asked that Section 10 be removed from the bill. The section has to do with cyber terrorism.

Dad said that there is no need for this section when the entire section already exists in the Anti Terrorism Act 1997 and the section is 11 W.

Apart from this it was also mentioned that this section mentions a 14 year penalty, whereas the ATA only mentions 6 months. So an offline act of terrorism, which includes many things, only 6 months are mentioned but for online terrorism act they are mentioning 14 years of imprisonment.

The reason for pointing this out was to highlight that there is a replicability between laws and there is a lack of consistency. Why can’t they implement existing legislation instead of making new ones, Dad questioned.

Dad further said that amendments need to be made to existing legislation to include new provisions that are needed - there is no agreed definition of cyber terrorism globally, she explained and further asked how it would be defined in Pakistan.

It is also disheartening that repetitions and provisions that are glaring examples of what should be removed from the bill are being allowed to only go through 'amendments' by the sub-committee. Despite the civil society stakeholders having submitted their recommendations and highlighting how this law could backfire later, redrafting has been restricted to actions that are simply not enough.

The speculations that civil society actors were not prepared and didn't submit formulations is incorrect. Farieha Aziz from Bolo Bhi read out many alternative formulations of clauses at the meetings.
DRF believes that civil liberties should not a be a casualty in the name of security and the fight against terrorism under such legislations. Pakistan should set a good precedent by enacting a cyber crime law that is a balance between security and human rights

August 10, 2015 - Comments Off on ‘The State of Proactive Disclosure of Information in Khyber Pakhtunkhwa and Punjab Public Bodies’

‘The State of Proactive Disclosure of Information in Khyber Pakhtunkhwa and Punjab Public Bodies’

Khyber Pakhtunkhwa and Punjab government departments fail to share information with citizens via web portals; Punjab Information Department does not have even a web site: Report

Lahore, August 10, 2015:

The State of Proactive Disclosure of Information in Khyber Pakhtunkhwa and Punjab Public Bodies report reaffirms earlier findings that reveal that government departments in the provinces of K-P and Punjab have failed to comply with their own right to information laws. Khyber Pakhtunkhwa and Punjab public bodies are required to proactively disclose categories of information as mentioned in Sections 4 and 5 of Khyber Pakhtunkhwa Right to Information Act 2013 and the Punjab Transparency and Right to Information Act 2013, respectively.

In clear violation of Section 4 of the Punjab Transparency and Right to Information Act 2013, almost all of the government departments surveyed failed to provide information about particulars of the recipients of concessions, permits or authorizations granted by the public bodies involved. This information is glaringly absent from official Punjab government websites, and clearly suggests that these bodies do not want to be transparent and accountable to citizens. This furthers the narrative of earlier reports that even though it is a positive effort to legislate RTI laws meeting international standards, citizens will only benefit when the respective provincial commissions play their due role in implementing those laws.

Provincial government departments have begun to start sharing information regarding provincial budgets. However, these departments have failed to provide details regarding proposed expenditure goals, as well as actual spending that has taken place. Nor has any information been provided concerning remunerations, salaries, benefits, and any other such payments that respective departments provide to employed staff or beneficiaries.

While K-P provincial departments have begun to share information concerning Public Information Officers, under Khyber Pakhtunkhwa's right to information laws, Punjab's provincial government bodies have as yet failed to provide any information about Punjab's own designated Public Information Officer. This reluctance to provide information is noteworthy, considering that the website of the Punjab Information Commission contains a list of Public Information Officers as designated by government departments. The Commission itself, however, has not provided any information about Punjab Public Information Officers outside of this list, however.

The report does recognise that provincial governments have adopted the latest web standards and many of them actively maintain their web presence. It in light of this, therefore, that while positive steps are reaffirmed by the report, the lack of tangible reforms  being adopted to implement key sections of the respective laws of the provinces, including the details of expenditures, becomes more glaring and significant.

The State of Proactive Disclosure of Information in Khyber Pakhtunkhwa and Punjab Public Bodies report analysed 17 departments of the Punjab government and 13 departments of K-P, ranking the degree of sharing and openness adopted by the two provincial governments on a scale of zero-10, where zero equates to “doesn’t meet the provision”, and 10 equates to “completely follows the provision”.

This report is a joint-effort initiated by the Coalition of Right to Information (CRTI) and Digital Rights Foundation, with a broader aim to measure how public bodies have been using the web. With rapid technological advancement, and greater reliance on technology for information, it has become crucial for government bodies to start using their web presence more effectively in order to promote good governance and reduce corruption. This research looked at whether government departments are keeping properly maintained websites and promoting citizen feedback. The primary purpose of these reports, however, is to measure against respective RTI laws.

Current research reiterates the critical situation concerning the lack of public disclosure of the recipients of concessions, permits or authorizations granted by the public bodies of both provinces. While Coalition Of Right to Information and Digital Rights Foundation both appreciate efforts undertaken by the elected governments of Punjab and KP-K, in having enacted right to information laws, it is disappointing to see the unwillingness of public bodies to comply with those same regulations.

Much needs to be done by the Information Commissions of  K-P and Punjab to ensure that public bodies comply with the right to information laws and make information available for public consumption.

Link to the report: Proactive Disclosure Report 

Contact: nighat@digitalrightsfoundation.pk

– End –

“Coalition of Right to Information seeks to promote an open information and communications policies at the federal, provincial and district levels across Pakistan. With various initiatives, the coalition of civil society organizations aims to promote citizen awareness and improve dialogue between the citizens and state.” 

Digital Rights Foundation is a research based advocacy organization based in Pakistan focusing on ICTs to support human rights, democratic processes and better digital governance. DRF opposes any and all sorts of online censorship and violations of human rights both on ground and online. We firmly believe that freedom of speech and open access to online content is critically important for the development of socio-economy of the country. www.digitalrightsfoundation.pk

July 24, 2015 - Comments Off on Unlawful Interception: Pakistan’s intelligence agencies, Hacking Team, & the abuse of communication surveillance powers

Unlawful Interception: Pakistan’s intelligence agencies, Hacking Team, & the abuse of communication surveillance powers

Earlier this week, Privacy International released their in-depth report on the state of surveillance in Pakistan, Tipping the scales: Security & surveillance in Pakistan. Available to the public, the report examines the exponential rate at which communication surveillance measures have been undertaken by the government of Pakistan defended as being necessary to combat internal and external threats to the nation. However, while it is the role of the state to protect its citizens from internal and external threats to their life and liberty, this echoes an all too common rationale used by foreign governments and intelligence agencies worldwide to justify ever increasing surveillance of their own citizens, and to limit or remove the legal rights of those same citizens to push back against the invasion of their privacy.

The “Global War on Terror” has seen law enforcement agencies worldwide request and in most instance receive millions in “anti-terrorism” funding, as well as broader powers with oft-generous leeways, to tackle terrorism as they see fit. Armed forces, intelligence agencies and law enforcement departments worldwide will direct such largesse towards the acquisition of and greater access to technologies that allow them to spy on their own citizens. Since September 11 2001, this had led to the rights of citizens abroad violated by their own governments, who will carry out surveillance without proper public oversight – if at all. Activists, journalists, politicians and other ordinary citizens with no link to terrorist groups whatsoever have found themselves under observation, and often without any legal recourse.

As a partner in this “War on Terror”, Pakistan is no different, with its military forces receiving generous levels of funding from the government as well as from its international allies, to tackle its own conflicts against armed militants. It has also given broad powers and authority to state agencies, to tackle what they argue is language and behaviour that is detrimental to the reputation and safety of Pakistan. Coupled with bans on encryption and forms of proxy software, what this has led to, according to Privacy International's report, has been an abuse of:

"...their (Pakistan's intelligence agencies) communication surveillance powers, including spying on opposition politicians and Supreme Court judges. Widespread internet monitoring and censorship has also been used to target journalists, lawyers and activists."

Privacy International's report also reveals that Pakistan's Inter-Service Intelligence Agency (ISI) wanted to expand their surveillance capabilities via the commission in 2013 of a:

"mass surveillance system to tap international under- sea cables at three cable landing sites in southern Pakistan. The “Targeted IP Monitoring System and COE [Common Operations Environments]” would allow Pakistan to collect and analyse a significant portion of communications travelling within and through the country at a centralized command centre. With a projected intake of an estimated 660 gigabytes per second, the system would amount to a significant expansion of Pakistan’s communications intelligence gathering capacities."

To create such a system to strengthen one's surveillance efforts, it has become de rigueur to reach out to the private sector for hardware and software surveillance solutions. A multi-billion dollar industry, commercial surveillance firms have found no shortage of potential clients in the wake of post-September 11th attacks attributed to terrorist organisations or lone wolves. The Privacy International report highlights how Pakistan's intelligence agencies and security forces, represented by partners in the Pakistani private sector, sought to purchase products and services to allow them to expand their surveillance abilities, to infiltrate the digital devices and computers of citizens, from international spyware firms.

Earlier this month one of these companies, the controversial Italian spyware manufacturer Hacking Team, was hacked. The firm's official twitter account was taken over on July 5, and links to over 400 GB worth of internal Hacking Team data were provided, which in turn were shared by WikiLeaks and others. This hack allows us to explore how Pakistani intelligence agencies purchase the technology and services they require for greater surveillance creep.

A controversial player in the commercial digital surveillance industry, Hacking Team has frequently asserted that it goes to great lengths to ensure that its software is not utilised to undermine human rights. The internal communications and invoices unearthed, however, strongly contradict the firm's claims. Communications with representatives indicate little concern made regarding misuse of HT's software packages to undermine human rights activities – they are, instead, reassured and informed that there will be no trouble in operating in particular regions. Hacking Team's core business centred around their Remote Control System (RCS) software suite, which allows customers to infiltrate the computer and mobile devices of targeted individuals and install backdoors, in turn allowing for undetectable monitoring at will. Hacking Team's RCS, also known as Galileo, allows customers to (according to their promotional material):

Keep an eye on all your targets and manage them remotely, all from a single screen. Be alerted in incoming relevant data and have meaningful events automatically highlighted.

Remote Control System: the hacking suite for governmental interception.

Right at your fingertips.”

If the modus operandi of Hacking Team and Galileo sounds familiar, it should: Finfisher, a surveillance software package released by Gamma International Ltd in 2007, was brought to the world's attention in August of last year, due to a 40 GB leak that exposed the company's internal communications and financial history, as well as the governments that purchased – or were interested in purchasing – Finfisher for domestic surveillance purposes. Finfisher, like Hacking Team's RCS/Galileo software suite, allowed customers to infiltrate the computer systems of targeted individuals, and install software undetected. Digital Rights Foundation has covered Finfisher and how it operates here.

Finfisher's "Remote Monitoring and Deployment Solutions" and Hacking Team's RCS have something else in common: both were of interest to Pakistani companies, working on behalf of domestic military intelligence and intelligence agency clients. An examination of Hacking Team's leaked internal data uncovered email communications between Hacking Team and Pakistani IT company representatives between 2011 and 2015. Also uncovered were internal communications, mostly in Italian, between members of Hacking Team regarding their thoughts on potential Pakistani partners, as well as sharing and discussing news articles pertaining to the security situation in Pakistan and South Asia. Unlike Finfisher, the data leaked does not appear to indicate that a successful purchase of RCS/Galileo was made by Pakistani buyers.

"You can compare them to MI5": Pakistan's Interest in Hacking Team's Tech

The extensive data leak reveals the manner in which Hacking Team communicates with representatives of potential clients in Pakistan. Sensitivity is requested by representatives in regards to the identities of their clients; preferential treatment; verification of identities by clients, visa invitation letters; VIP guest ticket requests; interest in specific software and service demonstrations, and internal discussions regarding client representatives are covered in the emails. Below are samples of the email communications between Hacking Team and potential customers:

January 18th 2011 marks the earliest recorded communication (as collected by Wikileaks and other sources) between Hacking Team and Pakistani client representatives. Marco Bettini, HT's International Sales Manager, is in communication with Zeeshan Zakaria, Chief Executive of Defence Solutions & Systems Ltd (DSS), a Lahore, Pakistan-based company. The email, part of a long response thread entitled “R: R: R: R: Demokit” in response to Mr. Zakaria's previous email that states that there will be “4 guests who will see the demo. We will require you to do the demo.” In the email Mr. Zakaria also says that he will “appreciate if you dont (sic) offer your prices or product to anyone else in Pakistan for the time being.” Mr. Bettini asks for the name of the guest “in order to require the badges for ISS admittance” and if he, Mr. Zakaria, will be attending as well. Hacking Team does not”give any exclusivity based on country”, says Bettini, but they can “block” other companies asking for “any activity or quotation for the same customer” if Mr. Zakaria can provide the name of the agencies he is working with.

(As ISS comes up quite often in Hacking Team emails, it should be explained at this point that ISS in the context of the emails is an abbreviation of “Intelligence Support Systems for Lawful Interception, Electronic Surveillance and Cyber Intelligence Gathering”. The website for the ISS describes it as thus:

ISS World Middle East is the world's largest gathering of Middle East Law Enforcement, Intelligence and Homeland Security Analysts as well as Telecom Operators responsible for Lawful Interception, Hi-Tech Electronic Investigations and Network Intelligence Gathering.”

In 2011, the ISS conference was held in Dubai from February 21-23, 2011. Among the conference's sponsors as of 2015? Hacking Team, Finfisher, and Gamma Group. Though a separate entity since October 1st 2013, Finfisher was established in 2007 as part of the Gamma Group.

The following day, an email from Ali Ahmed of Miran International – according to its website, a Karachi-based “company specialising in security, defence and telecommunications” - is forwarded by David Vincenzetti, Hacking Team's CEO, to rsales@hackingteam.it, concerning an inquiry “from one the premier Intelligence Agencies in Pakistan” in regards to “infecting of GSM handsets.” (sic). Unaware of the earlier communication to HT by DSS, Miran International is interested in partnering with the Italian firm in Pakistan for the project if the latter has not already found a partner in the country.

"K Block" refers to the HQ of the Intelligence Bureau, at the Secretariat in Islamabad, Pakistan. Image Via Wikileaks.

"K Block" refers to the HQ of the Intelligence Bureau, at the Secretariat in Islamabad, Pakistan. Image Via Wikileaks.

The following day Hacking Team contacts Mr. Zakaria of DSS, asking him to provide the names of his guests. He is also informed by HT that they “are already involved in other opportunities in Pakistan.” “To protect your job,” the email from Mr. Bettini continues, “please inform me as soon as you can the agencies and contacts you are working with.” (sic). Following this email, Mr. Ahmed of MI is sent anemail by Mostapha Maana, Hacking Team's account manager for the Middle East region, similar to the one sent by Mr. Vincenzetti, asking for the agency letter, to check if they are already “in contact” with the client in question. It bounces back, and is sent again on the 21st by Mr. Maana. Mr. Maana gets in touch with Mr. Zakaria of DSS , and knows that “ we have been trying to work together since 2008”. As before, Mr. Zakaria is asked for the names of his clients “in order to protect your job”. Mr. Zakaria responds that “at this stage I think we should not discuss the names of the customers as it is a little sensitive.” Mr. Maana then responds, saying that he needs to know the names of the clients “otherwise I cannot refuse to meet the other Pakistan company at the ISS. By the way, I already know the name of this company's customer.”

It is at this point that Mr. Zakaria identifies the customer/client as being the National Police Bureau, with names of the officers attending the conference being named in the email. He requests that VIP invitations be arranged for the officers as “they are very interested your product.”

Hacking Team outlines to how RCS/Galileo works to the representative for a potential client.

Hacking Team outlines to how RCS/Galileo works to the representative for a potential client. Image via Wikileaks.

We come back to Miran International, who, whilst requesting a Non Disclosure Agreement (NDA) have listed their clients: Pakistan's Intelligence Bureau (IB) and Inter-Services Intelligence (ISI). “You can compare them to MI5 and MI6” Mr. Ali Ahmed offers helpfully. According to the Miran representative, “they're the only 2 agencies in Pakistan allowed to use voice interception and location products like A5-1 gsm interception systems.” (sic) *. “ISI and IB are the top agencies in Pakistan with no budget issues” he continues, “allowed to purchase without the tendering process.”

(*An example of what they could be referring to, for a point of reference, could be this: http://www.cellularintercept.com/ecom-prodshow/gsm_intercept.html)

Miran International and Hacking Team continue to discuss potential cooperation until early 2015, when internal emails between members of Hacking Team appear to look upon Miran International, and its sister company Vision Metric with some concern, and there is no update after February 26th of this year, when David Vincenzetti appears to remark that it is “una perdita di tempo” - a waste of time.

Hacking Team's CEO appears to have become fed up with this potential deal, calling it "a waste of time."

Hacking Team's CEO appears to have become fed up with this potential deal, calling it "a waste of time." Image via Wikileaks.

The communications between Hacking Team and Miran International may have been fruitless from the former's perspective, but a perusal of the communications between the two unearths other details. We learn, for instance, Gamma Group's representative in Pakistan was “very active in Islamabad with ISI” (sic) (though unsuccessful), and that Gamma Group's Sales Director, Edgar Bucheli, was in touch with senior ISI officials.

Here the representative passes on the information that the Intelligence Bureau (IB) is interested. Image via Wikileaks

Here the representative passes on the information that the Intelligence Bureau (IB) is interested. Image via Wikileaks.

As for DSS, communications between them and Hacking Team continue until early 2014, and then stop, apparently due to a lack of success on the part of this company as well.

This does not stop Hacking Team from being approached by Pakistani companies, such as United International Technologies (UIT), which “has been in the Pakistan market for 35 years and is the Pakistan company representative for global defense and aerospace companies such as BAE Systems, Rockwell Collins, QinetiQ, Chemring Group and Poongsan among others.” UIT contacts Hacking Team via email on February 27th 2015, and until the 5th of March discuss NDAs and the “end users” or clients of UIT, “Pakistan Army Military Intelligence and/or ISI.” UIT informs them that they will be at the 2015 ISS conference in Dubai, from the 16th to the 18th of March. As of the 5th of March, UIT is “at a very preliminary stage.” Nothing else follows.

Hacking Team and its international partners discussing a new ISI head, as any work with the "current one is a waste of time.

Hacking Team and its international partners discussing a new ISI head, as any work with the "current one is a waste of time.

What is noticeable about communications between Hacking Team and the representatives of potential client is the plainly laid out request for software that provides the customer with the ability to infiltrate and monitor communication traffic. What is conspicuous by their absence are any concerns raised about human rights or other ethical considerations.

Here the representative clearly states what the client wants.

Here the representative clearly states what the client wants. Image via Wikileaks

The private companies mentioned in this post are just a few of the many that vie for contracts from the armed forces, the police forces and intelligence agencies of Pakistan, to offer the latest in software packages that ostensibly help protect the citizens of Pakistan. The reality is that the tools that are purchased on behalf of the forces and agencies mentioned are being chosen specifically because they are advertised as being able to bypass security measures that allow users privacy and a sense of safety, with next to nothing in terms of official restraint or public oversight.

To purchase and utilise such measures without clear lawful authority violates the rights of Pakistani citizens, as laid out in the International Covenant on Civil and Political Rights, to which Pakistan became a signatory in 2010. The representative from Miran International wrote in his email that ISI and IB have “no budget issues”. On the contrary, the money which pays for the supposed free rein of these agencies comes from the taxes paid by Pakistani citizens. With no public oversight, the taxes collected from citizens are being used to finance the purchase – or research the purchase of – equipment that violates their rights.

Privacy International's report, Tipping the scales: Security & surveillance in Pakistan, can be downloaded here.

Written by Adnan Chaudhri

May 29, 2015 - Comments Off on Internet.org & Facebook’s Illusion of Choice

Internet.org & Facebook’s Illusion of Choice

If you don't have Telenor, this is what you get.

 

On May 28th, Telenor Pakistan (a wholly-owned subsidiary of the Norwegian telecommunications Telenor Group) formally announced that it had partnered with Facebook on the latter's Internet.org initiative. According to Facebook and its partners, the objective of Internet.org is to provide selected internet services for free. At first blush, this comes across as a boon for citizens in the developing world, where data services can be expensive for many. Being able to access the internet without running up large bills, and without draining one's monthly data package allowance sounds ideal. By signing up to Internet.org, Telenor's mobile subscriber base in Pakistan – which at last counts comes close 35.2 million – will have access to a list of websites and internet services, which Techjuice has listed here. With Telenor as a start, more people in Pakistan will have greater access than ever before, and for next to nothing.

Beyond the altruistic sentiment, however, all is not well. Rather than giving people greater choice, in reality what Internet.org and its backers are offering is limited and leaves everyone worse off, down the road, creating and encouraging two-tier internet access that, in the long run, makes losers out of us all. Pakistani Tech activists and entrepreneurs have expressed their dismay Facebook and Telenor's launching of the initiative. Arzak Khan of Internet Policy Observatory Pakistan, for instance, expressed deep concern that an established operator like Telenor is joining Facebook's Internet.org initiative and launching what is a limited and insecure internet. The impact of such a move will stifle investment in infrastructure development and threaten freedom of expression, equality of opportunity, security, privacy and innovation."

We don't support Internet.org”, say activists such as Sana Saleem of Bolo Bhi. I believe that they are changing the way that people will access internet in the future for the next billion they are making internet insecure and  limiting their access by suggesting that only these few websites and apps are approved by Facebook, it is against the principle of Net Neutrality and it limits people’s access."

The belief that internet service providers should not discriminate between different forms of content, thus guaranteeing a level playing field for all websites, is one of the key guiding principles behind the preservation of a free and open internet. This belief, known as Net Neutrality, is what ensures that your access to Dawn.com is the same as your access to Express Tribune, or Project Gutenberg. By not favouring or blocking a particular website or service, people are able to access the internet with the freedom of choice, regardless of financial or social background. By offering a select number of websites and services for free solely to people that have subscribed to one of its partners, Facebook is acting in direct violation of the concept of Net Neutrality, by favouring some websites/services and denying access to others. Should Telenor Pakistan subscribers choose to visit websites or services that are not on the proscribed list, they will have to do so outside of Internet.org. What Internet.org offers is the opposite of Net Neutrality, and is known as Zero Rating, defined by Access Now as “the practice by service providers of offering their customers a specific set of services or applications that are free to use without a data plan, or that do not count against existing data caps.” The nature of zero rating has meant that it has been banned or restricted in countries such as Canada and the Netherlands. Nonetheless, this discriminatory practice has been received with open arms in Pakistan. To quote Ghaus Iftikhar Nakodari, Founder of Jumpshare:

The walled garden approach of making a select few websites available for free will hurt businesses who work so hard to compete in their market. If this trend takes off, I am afraid internet providers will start charging for access to batches of websites in future.”

A internet gateway such as Internet.org makes censorship by governments easier, with what Access Now call a “single centralised checkpoint” for information. Facebook itself has been targeted by and taken down by several governments for “allowing” politically sensitive content. Pakistanis that would use Internet.org to access websites and services that are sensitive in nature could find themselves blocked individually or en masse.

Facebook itself has a notoriously bad reputation in regards to the privacy of its users. Privacy settings have been changed in the past without informing users in advance, with private messages becoming public. Terms and conditions have also been modified in the past without warning. The nature of Facebook's business model, furthermore, is reliant on user data, which is in turn provided to third parties. It is quite likely that Internet.org will collect user data via services and IOS/Android apps. The lack of proper transparency in regards to how that data will be used by Internet.org and partnering companies should disturb many, due to the potential for surveillance without consent.

Surely Facebook is aware of the privacy concerns of many, and will strengthen security for the benefit of its users? Well, as Access Now and the Electronic Freedom Foundation have pointed, not really. Each points out that the current version of Internet.org does not permit HTTPS (HTTP Secure), SSL (Secure Sockets Layer) or TLS (Transport Layer Security) encryption protocols. If one is sending sensitive personal data – emails, credit card purchases etc – over the internet, these encryption protocols ensure the security and integrity of your web traffic, without the risk of being eavesdropped upon by government agencies or malicious hackers looking to steal your details. By not allowing these protocols, Internet.org users are at danger each time they access websites and services via Facebook's offering.

Internet.org is not without its supporters. There are those defend Facebook and its partners, saying that this opens up the internet to those that could not afford to access it in the past. As internet services become more crucial to our lives, access is indeed essential. Defenders of Internet.org also argue that once people have tried out Internet.org, they will be able to move onto the “proper” internet, having had a taste. The problem here is that should more telecoms providers move towards Internet.org and similar initiatives, it becomes more lucrative for telecoms and internet service providers offer zero rate internet. Should a Telenor subscriber choose to access a website or service not offered by Internet.org, they may be subject to the usual higher data package costs, thus discouraging them, depending on whether or not they can afford to be charged. And according to Asad Baig of Media Matters for Pakistan:

in such a scenario, when certain service providers in partnership with initiatives like Internet.org, provide access to certain websites 'free of charge', its very difficult to make consumers understand the implications regarding access. Such services are generally perceived as 'consumer friendly' and that's exactly what makes net-neutrality advocacy in Pakistan so difficult."

Rather than offering greater choices to people, Facebook and Internet.org not only put privacy, security and the freedom of expression of internet users at risk, and seeks to make access decisions for the users instead, penalising them should they choose otherwise. Saad Hamid of Invest2innovate provides an analogy:

Imagine going to any public park in Pakistan for 5 rupees and one day the fee is waived and you can go to certain parks for free. Seems awesome right? It does feel good today being a customer but what happens one day when the fee is introduced again - would you pay for it? This is exactly the concern with Internet.org - it's helpful to the user in the short term and it's highly damaging to businesses and startups who want to develop a tendency among users to pay for services.”

May 14, 2015 - Comments Off on Spectrum Eyes: The NSA & Pakistani Metadata

Spectrum Eyes: The NSA & Pakistani Metadata

antenna-mast-605307_640

Last Friday, Digital Rights Foundation had learnt via The Intercept that Ahmad Muaffaq Zaidan, Al Jazeera's Islamabad Bureau chief made the list. The US government terrorist watch list, to be precise.

According to National Security Agency (NSA) documents leaked by whistleblower Edward Snowden, in 2012 the NSA indicated that it considered that Mr. Zaidan was a member of Al Qaeda and the Muslim Brotherhood. Mr. Zaidan has strongly denied that he has ever been a member of either organisation, and is backed by his employers and respected international journalists, such as CNN's security analyst Peter Bergen.

So how did a respected veteran journalist find himself placed on a terrorist watch list?

Metadata refers to location and data about communications, such as the callers, sender and recipient, location of communication devices and their unique identifiers, time and length of calls, and other data. Metadata is useful data: it can be analysed by intelligence officers and software in order to detect specific patterns and to establish detailed profiles on particular individuals and/or groups. In the wake of September 11th 2001, the United States government has actively pursued what it constitutes as threats to global security, on the basis of human intelligence and metadata.

Journalists are always told, whether in school or on the job, to go where the story is. To follow the trail. The nature of investigate journalism will often entail communications and physical interactions with people from criminal or terrorist organisations or backgrounds. Zaidan has travelled to and interviewed key figures in geopolitical hotspots, including Afghanistan and Pakistan, two countries that gained prominence post-9/11. Based upon the metadata that has been generated by his movements and communications, Mr. Zaidan found himself on a terrorist watch list and a US government database (TIDE - Terrorist Identities Datamart Environment, shared by US intelligence agencies). According to SKYNET, a problematically-named computer programme designed to analyse metadata, his movements were similar to that of couriers for high ranking Al Qaeda officials.

In Ahmad Zaidan's own words, “to assert that myself, or any journalist, has any affiliation with any group on account of their contact book, phone call logs, or sources is an absurd distortion of the truth and a complete violation of the profession of journalism.”

Though the NSA and the US government did not tell The Intercept as to how Mr. Zaidan came to be added to the TIDE government database, what is known from leaked documents highlights the grave dangers that the collection and interpretation of metadata hold in store for all of us.

One of the questions that SKYNET used as a basis, for instance, was “who has traveled from Peshawar to Faisalabad or Lahore (and back) in the past month? Who does the traveler call when he arrives?”. Behaviour patterns seen as 'suspect' were also looked at by SKYNET, including “incoming calls only,” “visits to airports,” and “overnight trips.”

What the NSA documents also reveal is that the information was collected from “major Pakistani telecoms providers” according to the Intercept report. According to the documents, 55 million Pakistani mobile phone records were fed into the SKYNET system, via its Pakistan dragnet, DEMONSPIT - “as an example” - one of which was “PROB” (sic) Zaidan, due to his frequent Peshawar-Lahore excursions. Others were also highlighted by the system, using similar criteria.

What arises: the collection of metadata has been actively pursued by government intelligence agencies as a way to capture potential terrorists. The belief is that by examining their movements before hand, persons of interest can be arrested or subdued before an attack takes place. The belief is also that metadata will tell us where the enemy can be found, and taken out. This collation of data has been the basis of drone attacks in Afghanistan, Pakistan, and Yemen, and is cited as being how Osama bin Laden's hideout in Abbotabad, Pakistan, had been located.

As with Mr. Zaidan, however, metadata does not automatically infer intent, and can ensnare innocent people, often with tragic consequences. Drone attacks in Pakistan, as of 24th November 2014, have resulted in the deaths of an estimated 1,147 people, according to a report released last year by the human rights organisation Reprieve (http://www.reprieve.org/uploads/2/6/3/3/26338131/2014_11_24_pub_you_never_die_twice_-_multiple_kills_in_the_us_drone_program.pdf)

As the former head of the NSA, General Michael Hayden once remarked, “we kill people based on metadata.” (http://justsecurity.org/10311/michael-hayden-kill-people-based-metadata/)

What does the Intercept report mean for Pakistani citizens? Simply this: a clear violation of the right of the individual to privacy has taken place. The documents in the report do not clarify the technical or legal means by which 55 million mobile phone records were obtained, and it is unlikely that those mobile phone records were the only examples forms surveillance sans oversight undertaken against Pakistani citizens. It is evident that in the name of global security, the rights of Pakistani citizens have been ignored. The context-free manner in which metadata is analysed ensures that the mobile phone calls, smartphone usage et al of Pakistanis will be kept on NSA servers and examined for “potential” persons of interest.

The current draft of the 2015 Prevention of Electronic Crimes Bill, as amended by the Standing IT Committee of the Pakistani National Assembly, would allow for Pakistani intelligence agencies to forward mobile phone and data records of Pakistani citizens, without consent necessary. A legal analysis undertaken by Privacy International and Digital Rights Foundation found that the the draft law does not call for regulation of “sharing of data among government entities” (https://www.privacyinternational.org/sites/default/files/Prevention-of-Electronic-Crimes-Bill-2015%20Legal%20Analysis_0.pdf). If the United States government highlights the digital activity of any Pakistani citizens on the basis of data already gathered, it will most likely follow that Pakistani intelligence agencies will be approached by their NSA counterparts to bring in the individuals, regardless of concrete evidence of wrongdoing.

The capture and storage of the telecommunications of Pakistani citizens – without consent – violates the right to privacy, and aims to criminalise behaviour out of context. To quote Geoffrey King, Internet Advocacy Coordinator for the Committee to Project Journalists, “Given a big enough pool of data, anyone can end up fitting a 'suspicious' pattern.”

Written by Adnan Chaudhri

May 8, 2015 - Comments Off on PECB15: Consolidated Comments & Request for Public Hearing Submitted

PECB15: Consolidated Comments & Request for Public Hearing Submitted

As per the official call for public input on the Prevention of Electronic Crimes Bill 2015 issued by Chairman NA Standing Committee on IT, the Joint Action Committee on May 7, 2015, submitted consolidated comments aggregated by input from citizens, industry and media.

This can be viewed here: Request-for-Public-Hearing-Consolidated-Comments-PECB2015

These comments highlight only the major concerns and the most glaring issues. The proposed law, as a whole requires a clause-by-clause analysis and discussion in the presence of all stakeholders: government officials, members of opposition, legal experts, industry professionals, academics and citizens.

Attached also is a request for a public hearing on the bill. This has been endorsed and is being jointly submitted by the following organizations:

Internet Service Providers Association of Pakistan (ISPAK)

Pakistan Software Houses Association (P@SHA)

Human Rights Commission of Pakistan (HRCP)

Pakistan Federal Union of Journalists (PFUJ)

Reporters Without Borders  (RWB)

Bolo Bhi

Digital Rights Foundation (DRF)

Bytes For All (B4A)

Media Matters for Democracy (MMFD)

Institute for Research, Advocacy & Development (IRAADA)

For further information contact nighat@digitalrightsfoundation.pk