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July 18, 2014 - Comments Off on UN Report Calls Mass Surveillance a Violation of Human Right to Privacy

UN Report Calls Mass Surveillance a Violation of Human Right to Privacy

In an important step towards establishing international consensus on the right to privacy in the technological age that we live in, United Nations High Commissioner for Human Rights on Wednesday issued a report calling bulk collection of private data and mass surveillance against the international law.

The report was prepared in response to the UN General Assembly resolution adopted during its 68th session in December 2013. The resolution, introduced by Brazil and Germany, specifically noted that the practices of bulk collection of private data and mass digital surveillance may be in violation of the Article 12 of Universal Declaration of Human Right and the Article 17 of the International Covenant on Civil and Political Rights:

"No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks."

The resolution had called upon all the UN member states "to respect and protect the right to privacy, including in the context of digital communication" and had requested the United Nations High Commissioner for Human Rights to submit a report to be considered by the General Assembly during the next session.

The very existence of a mass surveillance program constitute an interference with privacy, the High Commissioner notes, and asks the governments to make sure such actions are neither arbitrary nor unlawful.

The report employes clear language in condemning collection of private digital data and observes that the "collection and retention of communications data amounts to an interference with privacy" regardless of the excuse that the data might be used later.

It dismisses the idea that the collection of metadata about a communication, in contrast to the communication itself, is not a violation of privacy. The metadata, it says, "may give an insight into an individual’s behaviour, social relationships, private preferences and identity that go beyond even that conveyed by accessing the content of a private communication."

It also cautions that the companies who supply mass surveillance technology to states which are known to use the information in violation to human rights risk "being complicit in or otherwise involved with human rights abuses,"

Considering that Pakistan has been known to have deployed Netsweeper and Narus products, which have reportedly been used by other repressive regimes for censorship and surveillance, on its network, Digital Rights Foundation (DRF) welcomes the report and hopes that the government of Pakistan, as a member UN state, would pay attention to the observations made in the report.

July 13, 2014 - Comments Off on Why exactly is ‘Protection of Pakistan Act’ problematic?

Why exactly is ‘Protection of Pakistan Act’ problematic?

Signed today into law by President Mamnoon Hussain, Protection of Pakistan Act is an extremely repressive law giving unquestionable powers to armed and police forces. Human Rights Watch (HRW) and the civil society of Pakistan has aggressively opposed the bill for curbing fundamental constitutional and human rights.

Several provisions of PPA, 2014 are problematic along with a number of vaguely defined terms that can be misused by Law Enforcement Agencies (LEAs). As the powerful elite of the country has most of the police loyalties with the legal system already in a shambles, PPA gives “green light for abusing suspects”, as put by HRW.

The new law doubles the maximum sentence for terrorism offences to 20 years and permits security forces to shoot suspects on sight. The scheduled offences are not only non-bailable but keep the burden of proof on the detainee who will be considered guilty unless proven otherwise.

The provisions of Protection of Pakistan Act 2014 also give safe-outs to police officers of BPS-15 grade or higher on the basis of good faith which can create huge troubles in the country where police is hardly trusted by the citizens.

Here are the details on why exactly the civil society opposes Protection of Pakistan Act and what are the problematic provisions. Please share the details widely among your circle to better inform your friends and families about this law which will remain in effect for two years and can have huge repercussions for a common citizen, bloggers, and especially dissidents.

protection of pakistan act 2014

ppa 2014

protection of pakistan act 2014

July 8, 2014 - Comments Off on Pakistan responds to the NSA Surveillance of PPP

Pakistan responds to the NSA Surveillance of PPP

United States' National Security Agency (NSA) was granted permission to spy on six political parties, over a dozen global organizations, and all but four world governments, according to a secret Foreign Intelligence Surveillance Court (FISC) certification leaked by the NSA whistleblower Edward Snowden. The organizations NSA was authorized to spy on include United Nations and World Bank as well as Pakistan People's Party (PPP) and Bharatiya Janta Party (BJP).

The top-secret FISC certification, posted by Washington Post on their website on June 30th, 2014, and other related documents that the Post has not yet shared, allow the NSA to intercept not just the communication directly originating to or from the targets mentioned above, but also any communication about them. This, we imagine, can be a very broad spectrum.

In response to DRF Director Nighat Dad's tweet asking if any member of the Pakistan People's Party was willing to speak on the unlawful NSA activity, Sharmila Faruqi, former advisor to the Chief Minister of Sindh, said that the revelation was akin to "intruding our privacy and sovereign rights [and thus] highly condemnable." She added that this "should be agitated at the highest forum."

Speaking on the same matter, former PPP Interior Minister Rehman Malik revealed that during the PPP tenure in 2012, cabinet meetings were being spied on. "The secret recording signals were traced during a random security sweeping before the cabinet meeting and after that the recording signals were broke down before the cabinet meeting," he said. He feared that the cabinet meetings of the present government might also be under surveillance. He was, however, unaware of who might be behind the recording signals. He suggested the Prime Minister Nawaz Sharif take up the matter with the US President Barak Obama through a formal letter.

PPP later issued a statement highly critical of the practice calling it "grave, unwarranted and totally unacceptable interference in the internal affairs of a sovereign country." The statement, issued by the PPP spokesman Senator Farhatullah Babar, demanded an apology from the US for "spying on the political institutions of a sovereign country." It also asked the government to take up this matter at the diplomatic level and demand that such violation of international law doesn't happen again.

Pakistan’s Foreign Office (FO), later on Thursday, formally lodged a protest with the US over the surveillance of PPP, calling the practice a violation of the international law and demanding an end it. "Appropriate measures are being taken to protect our cyber communication from any attack or spying," FO spokesperson Tasneem Aslam said in her statement.

PPP has also lodged a formal protest with the United States through a letter to the Ambessador of United States in Pakistan, Mr. Richard G. Olson. The letter expresses grave disappointment over the matter. "The Party believes that it owes no explanation to any foreign agency," the letter said, "It therefore strongly resents and deplores the overbearing attitude of the NSA in assuming a right to interfere in other countries and their political parties. This attitude of a department of the US government towards a popular Pakistani political party will only increase distrust and suspicion already noticeably present in the people of Pakistan towards the government of the United States."

This post is first part of a series on the unlawful surveillance of Pakistan People's Party (PPP) by the NSA.

June 30, 2014 - Comments Off on Release of "The State of Proactive Disclosure of Information in Khyber Pakhtunkhwa and Punjab Public Bodies" Research Report

Release of "The State of Proactive Disclosure of Information in Khyber Pakhtunkhwa and Punjab Public Bodies" Research Report

Punjab and Khyber Pakhtunkhwa public bodies do not comply with provincial Right to Information Laws

Lahore, June 30, 2014:

The research report ‘The State of Proactive Disclosure of Information in Khyber Pakhtunkhwa and Punjab Public Bodies’ shows that public bodies in both provinces are not complying with the respective right to information laws of their provinces. Khyber Pakhtunkhwa and Punjab public bodies are required to proactively disclose categories of information mentioned in Sections 5 and 4 of Khyber Pakhtunkhwa Right to Information Act 2013 and Punjab Transparency and Right to Information Act 2013.

The broader aim of this research report, conducted by Digital Rights Foundation, a member organization of Coalition on Right to Information’, (CRTI) is to measure how public bodies have been using the web and making it easier for citizens in the processes of getting information and filing requests.

The report indicates that while the public bodies have adopted to the latest web standards and have created / maintained a web presence, there is a significant lack of tangible reforms adopted to implement key sections of the respective laws of the provinces. Specifically, the public bodies do not share information pertaining to public employees' remuneration, benefits, and any other privileges in line with the provisions of their provincial right to information laws.

Digital Rights Foundation urges Khyber Pakhtunkhwa Information Commission and Punjab Information Commission to ensure public bodies comply with the right to information laws and make available information specified for proactive disclosure under relevant provisions of provincial right to information laws.

Link to the report: Proactive Disclosure report

Contact: nighat@digitalrightsfoundation.pk

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"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 organisation 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

Join the talk on Twitter @digitalrightspk  and like us on Facebook!

October 3, 2013 - Comments Off on Freedom on the Net 2013 Findings: Pakistan’s Internet Freedom Status NOT FREE

Freedom on the Net 2013 Findings: Pakistan’s Internet Freedom Status NOT FREE

Freedom on the Net 2013 - Growing Concerns Over Pakistan's Internet Freedom Status

Lahore, October 3, 2013: With the launch of a new study by Freedom House to assess Freedom on the Net in 60 countries around the world, a growing surge of employing surveillance technologies and restricting  free access by the governments globally can be observed. Freedom on the Net 2013 report on Pakistan confirms the doubts that even with the change of government - after a successful democratic process - rhetoric of tightening Internet surveillance remains the same. YouTube, for example, still remains blocked in the country.

Digital Rights Foundation, Pakistan along with research analysts of Freedom House worked concertedly over past many months to research, compile and assess the limits on content, violations of user rights in Pakistan, and overall Internet freedom in the country. We learnt that government has been keen in bringing in some newer technologies to restrict online content and also have better surveillance powers. Presence of FinFisher's Spy tools in Pakistan on state-owned Pakistan Telecommunication Ltd (PTCL) network was strongly condemned by civil society of the country. Government's plan to systematize website blocking was also one of the most concerning developments of 2012 and 2013.

It was also found that violations of user rights have been on an uptick in the past year in Pakistan with the cases like the shooting at the 15yr old blogger and activist Malala Yousufzai. An increased number of blasphemy cases were also registered, sometimes just to settle business rivalries.

"Pakistan remains one of the worst countries when it comes to online freedom of speech, user rights and citizens' privacy", commented Digital Rights Foundation Executive Director, Nighat Dad.  "In the past year, state has been rigorously trying to implement the best of surveillance set-ups to create a kind of watchdog upon activists, journalists and a common citizen on the name of war against terrorism. Pakistan' civil society, despite being faced with threats and vicious consequences, is strongly fighting against the state-employed policies and technologies that can hurt Pakistani citizen".

The upper house of parliament, in February 2013, granted security agencies permission to monitor private e-mails and mobile phone communications in order to collect evidence of terrorist activity, threatening Pakistani citizen's privacy. In the areas like Baluchistan, activists are even more at threat with plethora of intelligence agencies and Pakistani army trying to cut their voices. Freedom on the Net 2013 report found that intelligence agencies have been pressuring federal government for greater surveillance control and location tracking system. While this all has been moved forward to fight against terrorists, it is evident that these technologies are used to threat media personnel, attack activists and other such factitious activities affecting a common citizen.

To view full country report of Pakistan, please visit Freedom on the Net, 2013.

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Digital Rights Foundation is a research based advocacy organisation 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

Join the talk on Twitter @digitalrightspk, follow the hashtag #FOTN13 or like us on Facebook!

May 9, 2013 - Comments Off on FinFisher Commercializing Digital Spying – How You can be a Victim?

FinFisher Commercializing Digital Spying – How You can be a Victim?

- Shaikh Rafia

FinFisher is surveillance software by Gamma International UK Ltd marketing the surveillance solutions to government security officials through exploiting security lapses in anti-virus programs. It is basically a spyware suite designed to allow someone to spy on a computer or mobile device. Described by the company as "Governmental IT Intrusion and Remote Monitoring Solutions”, FinFisher has its command and control servers installed in around 36 countries globally, according to a report and analysis by Citizen Lab. Pakistan is one of those countries, and Pakistan Telecommunication Company Ltd (PTCL) owns the network where FinFisher server is found.

The FinSpy malware – tool of FinFisher intrusion kit – was often injected in the potential victims’ machines by sending them malicious email. In the analysis, Citizen Lab found that email addresses which were used to send these emails were on the names of some popular journalist names (in the case of Bahraini activists) and the email shared attachments which looked pertaining to the Bahraini turmoil. On opening the attachments, jpeg files were saved on the victim’s computers which were actually executable files. This sort of access gives the attacker clandestine remote access to the victimized machine with data harvesting and exfiltration capabilities. Commonly, someone tricks you into clicking a file - a picture, word document, etc – which actually hides the FinSpy file and silently affects your machine without you or the Anti-Virus program installed in your machine detecting it.

Citizen Lab found that the data like Skype audio calls, chats, key logger and passwords was accessible to the attacker. FinFisher can even secretly use the microphone or webcam in your computer or Read more

March 16, 2013 - Comments Off on Fair Trial Bill: de-alienation of civil society

Fair Trial Bill: de-alienation of civil society

President Asif Ali Zardari signed the in to law the “Fair Trial Act 2012”, empowering the state to intercept private communications in order to track suspected terrorists in the country. This legislation was approved by National Assembly and went through the senate for approval in December 2012.

The civil society and human rights defenders of Pakistan have been continuously questioning this Act which legalizes the security agencies to collect evidence “by means of modern techniques and devices” like wire-tapping, intercepting emails and SMS text messages that will be accepted in a court in cases registered under five security-related laws. A major concern about this Fair Trial Act is a few of its ambiguous clauses which could be misused against the people of dissent or political and military opponents.

This bill has clauses like: It shall also apply to all transactions or communications originated or concluded within Pakistan or originated or concluded outside Pakistan by any person. [2.(1).(c)] & Any person liable for investigation under the provisions of this Act for a scheduled offence committed partly or fully outside Pakistan shall be dealt with according to the provisions of this Act in the same manner as if such an offence had been committed within Pakistan. [2.(2)] which makes everyone in the world coming inside the domain of suspicious terrorists, which is disturbing to say the least.

The controversies include the way it easily went through the system and kept getting approved which happens rarely in Pakistan. Every time before elections government tries to get as many bills as possible approved which has been a routine in past in the country. But when the bills like Fair Trial Act 2012 get hasty approvals, acts like Domestic Violence Law stay in pending for years. For the record, Domestic Violence Bill was proposed in 2009 but subsequently failed to pass in provincial assemblies except the Sindh Assembly which passed it on 8th March, 2012.

Whether any sections of civil society were included in the drafting and passage of Fair Trial Bill, has yet to be disclosed by the government. Under Article 19A, we demand the government to show the transparency process involved in the consultation process of Fair Trial Act which could be used by the intelligence agencies and powerful sections of the country to violate larger civil rights.

Digital Rights Foundation strongly condemns this gesture of de-alienating civil society groups by the leading political party of country which was democratically elected four years back. While the bill may help security agencies to catch terrorists, the clauses need to be more specific without hurting the privacy rights of citizens of Pakistan.

December 22, 2012 - Comments Off on Fair Trial Bill is an Official Intrusion on Privacy: Digital Rights Foundation

Fair Trial Bill is an Official Intrusion on Privacy: Digital Rights Foundation

For Immediate Release

Lahore, December 22, 2012: The approval of controversial Fair Trial Bill authorizes the state to intercept private communications to thwart acts of terrorism. Digital Rights Foundation observes that this act is an official intrusion on privacy of the people of Pakistan.

According to news reports, the government argues that: "existing laws neither comprehensively provide for nor specifically regulate use of advanced and modern investigative techniques such as covert surveillance and human intelligence, property interference, wire tapping and communication interception that are used extensively in other countries, including the US, the UK and India"

Digital Rights Foundation stands firm with the country's civil society and internet users, who have been opposing this bill since its inception. DRF has learnt that although the government has taken other political stakeholders' input to this bill, it has excluded any expressions of concern from civil society activists and organisations.

This bill paves way for the state to tap telephonic and online communications. Pakistan's Prime Minister Raja Pervez Ashraf said that the bill's purpose is to eliminate terrorism from the country: "The bill will be useful to send a message to terrorists that the country was united against them. The bill will protect the ordinary citizen from terrorists."

But Mr. Prime Minister failed to mention that this bill applies to every citizen of Pakistan except the members of Parliament and Provincial Assemblies (according to the last available draft – approved bill is not available yet). This sends a strongly controversial message to the common citizen by putting the assembly members above the law.

This Act will also work for the state to curb the freedom of speech of activists and human rights defenders in the name of the war against terrorism while keeping its own ministers from any sort of probing which is completely against equality of all citizens of a country.

DRF expresses its grave concern over this bill, which is a blunt attack on the privacy of the country's netizens, and condemns government's approach of exclusion of Pakistan's civil society. If the Prime Minister wishes to unite the country behind this legislative measures, the first step is to include citizens’ views in the process.

Contact: Nighat Dad - Executive Director, Digital Rights Foundation
Digital Rights Foundation is a research based advocacy not-for-profit (registration in process) organization focusing on ICTs to support human rights, democratic processes and digital governance. DRF aims at empowering the communities, especially women and girls through Information & Communication Technologies and bring much needed positive development in society.

October 31, 2012 - Comments Off on Building the Great Firewall? Just Follow the Masters!

Building the Great Firewall? Just Follow the Masters!

 

Governments worldwide are trying to introduce legislations for cyber censorship, curbing the privacy of internet users. And it’s no different here in Pakistan. In fact the government of Pakistan is way ahead of many others when it comes to escalating internet censorship in the name of “national security”.

A division of the Ministry of Information, the National ICT R&D Fund, has published a Request for Proposals for a National URL Filtering and Blocking System. This proposal seeks to build a central database that would monitor URLs and handle a “block list” of over 50 million “undesirable” URLs.

At present if the government wants to ban any site it sends notice to that site’s Internet Service Provider (ISP) but with this system, when realized, the government will be able to shut down any site it wants without recourse to any intermediary and for whatever reason it sees fit.

With its Request for Proposals, the current democratic government of Pakistan is actually following the footsteps of those totalitarian regimes that block the highways of global connectivity for their citizens for their own spurious reasons. The Great Firewall of China operated by Ministry of Public Security China is one prime example. And Pakistan as the “higher than mountains, deeper than oceans” friend of China is only too proud to mimic China whenever possible for the benefit of the government or army.

The Request for Proposals claims that “Internet access in Pakistan is mostly unrestricted and unfiltered” and goes on to demonstrate the need of central blocking mechanism:

“The Internet Service Providers (ISPs) and backbone providers have currently deployed manual URL filtering and blocking mechanism in order to block the specific URLs containing undesirable content as notified by PTA from time to time.

Many countries have deployed web filtering and blocking systems at Internet backbones within their countries. However, Pakistani ISPs and backbone providers have expressed their inability to block millions of undesirable web sites using current manual blocking systems. A national URL filtering and blocking system is therefore required to be deployed at national IP backbone of the country.”

This is not the first time that some sort of internet ban is being proposed in Pakistan; we have a long history of cyber censorship. The Pakistan Telecom Authority (PTA) blocked thousands of websites in 2007 in response to the Supreme Court’s order for “banning blasphemous” sites. In 2008, PTA blocked Youtube after the site hosted “Fitna”, the film by Geert Wilder.

Then, in May 2010 courts in Pakistan gave the government orders to ban the social networking site Facebook after some user started the controversial contest “Let’s Draw Muhammad”. Netizens of Pakistan had to use proxies to reach to their favorite social media site.

Recently, in November last year, PTA sent a notice to all cell phone companies to block some 1,600 terms and phrases deemed to be obscene from text messages or they would face stringent legal action. The directive wasn’t only hegemonic and unconstitutional but also supported the culture of moral policing in the country.

As can be seen, most such moves draw on the same tired old indefensible excuses of religious moral policing, the danger of terrorism and national security to justify themselves. The mass of the people become a puppet when the name of religion is invoked. Countrywide protests about the drawing competition moved the courts to take the decision to ban Facebook in May 2010 and now the blanket ban of URLs has the front banner claiming to ban pornographic sites “for the sake of our next generation”.

This seems to be the general reason but once it’s started who knows which sites we will be “allowed” to browse and which sites will be banned. As in China it could well be any site that carries the slightest criticism of the government or army. The envisaged plan with the capacity to block 50 million URLs with a delay no longer than one millisecond is not only deeply worrying but also indicative of the scalability of the government’s plans.

Information and communication technology is the driving force of today’s world. Rather than impinging on citizens’ privacy, the government of Pakistan should focus on training people in digital security to enable them to protect themselves and their children. Religious and cultural intolerance can only be increased by cutting people’s access to communication with the rest of the world. Enriching inter-cultural, inter-ethnic programmes and investing taxpayer’s money in basic education and health will give us much better long-term results. Banning what it deems to be “pornographic” sites only shows that the government considers the people to be infantile, vulnerable and stupid.

 

Originally written for Future Challenges.