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June 23, 2015 - Comments Off on Press Release: British intelligence agency hacked into Pakistan Internet Exchange

Press Release: British intelligence agency hacked into Pakistan Internet Exchange

Digital Rights Foundation is seriously concerned by revelations of the infiltration of Pakistan's Internet Exchange by Britain's GCHQ intelligence agency. We urge the government of Pakistan to take action to protect the right to privacy of Pakistani citizens, and to condemn the actions of GCHQ.

From documentation published by The Intercept, it was revealed that Britain's intelligence agency GCHQ as a result of its Computer Network Exploitation (hacking) operations had gained presence on the Pakistan Internet Exchange prior to 2008. This gave GCHQ according to the document published “access to almost any user of the internet inside Pakistan” and the ability “to re-route selected traffic across international links towards GCHQ's passive collection systems.”

This hacking operation, at a scale never previously seen before from the British intelligence agency, seriously undermines the right to privacy of all users of the internet in Pakistan. By targeting a key point in Pakistan's communications infrastructure, GCHQ have put at risk the security and integrity of a significant portion of Pakistan's communications infrastructure.

The Pakistan Internet Exchange is a core part of the communications infrastructure in Pakistan. It is a common point of transfer for a significant portion of Pakistanis' communications. This makes the intrusion all the more concerning. Any vulnerability that allows British intelligence to access the exchange is also available to any other malicious actor.

The operation from GCHQ targeted Cisco routers. Cisco routers have previously been caught up in intelligence agencies cross-border spy games. It was revealed that America's National Security Agency had been intercepting Cisco routers and installing firmware onto them before they were delivered to customers. Steps should be taken immediately by Cisco to fix any vulnerabilities discovered in their routers to protect their customers right to privacy.

This is not the first time that Pakistan has been involved in the mass surveillance programmes from intelligence agencies of a “friendly” nation. Earlier this year it was reported that the NSA had determined that Al-Jazeera's Islamabad bureau chief was a person of interest, via metadata collected from 55 million Pakistani mobile phone records, and entered in SKYNET, a computer programme designed to analyse metadata.

It is unclear whether the Pakistan government knew of these operations. The Pakistan government has an obligation to protect Pakistanis right to privacy and this level of intrusion onto critical national infrastructure undermines that obligation. It is of paramount importance that the government does all it can to account for this intrusion and to take meaningful steps to ensure the right to privacy in Pakistan and prevent it from being brazenly interfered with by foreign intelligence agencies.

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Nighat Dad, Executive Director of Digital Rights Foundation:

"The GCHQ operation highlights the growing mission creep on the part of intelligence agencies and other state actors, who frequently request more sweeping surveillance powers and authority, and who bristle at any attempts to enforce effective oversight upon them. This hacking not only does not protect ordinary people, but leaves them more vulnerable to malicious actors that can exploit the same vulnerabilities that GCHQ has infiltrated. ”

When ostensibly democratic nations carry out such draconian and unethical actions against the citizens of nations they are 'allies' of, it sets a troubling precedent. The government of Pakistan could point to the actions of the US or the UK as justification for passing greater surveillance measures against its own people."

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Further sources:

Original story here:

https://firstlook.org/theintercept/2015/06/22/gchq-reverse-engineering-warrants/

Document can be found here:

https://firstlook.org/theintercept/document/2015/06/22/gchq-warrant-renewal/

National Security Agency interdiction of Cisco routers:

http://arstechnica.com/tech-policy/2014/05/photos-of-an-nsa-upgrade-factory-show-cisco-router-getting-implant/

Al-Jazeera's Bureau Chief designated as “member of Al Qaeda” and the SKYNET programme

https://firstlook.org/theintercept/2015/05/08/u-s-government-designated-prominent-al-jazeera-journalist-al-qaeda-member-put-watch-list/

http://digitalrightsfoundation.pk/2015/05/spectrum-eyes-the-nsa-pakistani-metadata/

June 5, 2015 - Comments Off on Time Magazine Honours Nighat Dad as a Next Generation Leader

Time Magazine Honours Nighat Dad as a Next Generation Leader

Digital Rights Foundation founder Nighat Dad with Nobel Prize winner and activist Malala Yousafzai.

Digital Rights Foundation founder Nighat Dad with Nobel Prize winner and activist Malala Yousafzai.

Nighat Dad, Digital Rights Foundation's founder, was recently honoured by Time Magazine, by being named one of its Next Generation Leaders of 2015. She joins five other young innovators who are leading by example and inspiring others to have the courage to follow their convictions. Read Time's profile on Nighat and the important of Digital Rights Foundation's work here.

 

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 20, 2015 - Comments Off on Citizens and Industry Refute IT Minister’s Statements & Demand Proper Public Hearing

Citizens and Industry Refute IT Minister’s Statements & Demand Proper Public Hearing

PEC Bill/2015:

 INDUSTRY AND CIVIL SOCIETY ACTIVISTS STRONGLY REFUTE

IT STATE MINISTER’S DELIBERATE DISTORTIONS AND ALLEGATIONS

AND DEMAND PUBLIC HEARING

20 May 2015

 

We, the Joint Action Committee on the Pakistan Electronic Crimes Bill 2015 (PECB) & Alliance For Access, reject and take strong exception to statements made by Minister of State for IT & Telecommunications, Ms. Anusha Rahman, during the NA Standing Committee on IT’s meeting on 20th May 2015.

During the meeting Ms. Rahman remarked that ‘elements are making a hue and cry so that no laws against cyber crimes could be enacted in the country’. This is entirely false and a gross misrepresentation of what members of civil society and industry have been saying throughout the process.

We have categorically stated that a cyber crime law is required to deal with crimes. However, in its current form, the Bill is not acceptable to the public, the IT industry and the media. It will be highly detrimental to the fundamental Constitutional rights of all citizens to the freedom of speech and expression; the right to information; it will negatively impact legitimate business, research, education, information, and will have an adverse impact on Pakistan’s economy. Additionally, this draft will affect journalism at large in the country and, ultimately, lead to an absence of investigative journalism by diminishing access to information, which would otherwise strengthen the government’s fight against corruption and nepotism.

Moreover, we have repeatedly insisted that public input must be taken on the draft Bill, and that it should be reviewed and revised through an open, transparent and consultative process. This is in keeping with democratic norms of legislation and political participation.

Ms. Rahman also said today that had there been a cyber crime law, the Axact case would not have happened. We ask her: although there are multiple laws in the country, does that mean crimes are not committed? Laws are enacted to ensure action can be taken against a crime after it is committed. In Axact’s case, the FIA has already acted through search, seizure and detention. The investigation is underway, therefore, clearly a lack of law has not been a hindrance. The Axact issue should not be used as a convenient excuse to push through the‪ ‎cyber crime Bill in its current draconian form, without consultation or seeking public input and making the necessary changes.

A public hearing on the PEC Bill is scheduled for Friday, May 22, 2015. However the ‘invitation’ has only been extended to seven people to appear before a committee of 20 members. This is contrary to the spirit of a “public hearing.”

The Joint Action Committee members  are definitely among the stakeholders, but we are not the only ones. Instead of hand-picking selected invitees, we call upon the NA Standing Committee on IT to conduct the public hearing in a proper manner, by opening it to all concerned members of the public and invite the entire print and electronic media too, in the spirit of transparency and openness.  No other course of action is acceptable.

Signed:

Bolo Bhi

Bytes For All

Digital Rights Foundation

Human Rights Commission of Pakistan

Internet Service Providers Association of Pakistan

Media Matters for Democracy

Pakistan Software Houses Association

Reporters Without Borders

May 20, 2015 - Comments Off on Join The Global Feminist Hackathon, In Memory of Sabeen Mahmud

Join The Global Feminist Hackathon, In Memory of Sabeen Mahmud

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Digital Rights Foundation and Hamara Internet are joining hands with WECREATE Center Pakistan, to participate in the first Global Feminist Hackathon being held on May 23rd 2015, in loving memory of Sabeen Mahmud. We dedicate this inaugural Global Feminist Hackathon to Sabeen and to all those who fight against injustice and discrimination around the world. As Sabeen once said, “I love and cherish that technology has the potential to change lives. We need to devote ourselves to making enabling tools and technologies accessible to more and more people.”

The session will address the current digital legal landscape in Pakistan, concerns with the proposed cyber crimes bill, and the sharing of digital tools and skills to make online spaces safe for women in Pakistan. If you are in Islamabad and want to join us, please contact us at info@digitalrightsfoundation.pk. We also encourage you to join and conduct your own activities dealing with gender and technology, privacy and surveillance, digital security, the hacking of gender roles in technology, or anything else related to technology and human rights.

Sabeen was a symbol of the kind of Pakistan that we want to leave for our children, an icon of free thought and progressive ideas. Let us take her vision forward.

Please share this information widely among your networks and register your activity at the following link by May 23rd: https://f3mhack.org/index.php/en/

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

Spectrum Eyes: The NSA & Pakistani Metadata

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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

April 21, 2015 - Comments Off on New Cybercrime Bill Threatens the Rights to Privacy and Free Expression in Pakistan

New Cybercrime Bill Threatens the Rights to Privacy and Free Expression in Pakistan

ARTICLE 19 and Digital Rights Foundation Pakistan have serious concerns about measures contained in Pakistan’s proposed Prevention of Electronic Crimes Bill (‘PEC Bill’). The Bill contains a number of provisions that, if implemented, would violate the rights to freedom of expression and privacy. We urge members of the Senate of Pakistan to reject the Bill and call on the Pakistani parliament to ensure that any new cybercrime legislation is fully compliant with international human rights standards.

In our joint legal analysis, ARTICLE 19 and Digital Rights Foundation Pakistan address the following concerns:

  1. Power to manage intelligence and issue directions for removal or blocking of access of any intelligence through any information system

  2. Overbroad offences against misuse of computers and lack of public interest defence

  3. Glorification of an offence and hate speech

  4. Overly broad cyber-terrorism offence

  5. Offences against dignity of natural persons

  6. Offences against modesty or a natural person and minor

  7. Cyberstalking

  8. Spoofing

  9. Criminalising the production, distribution and use of encryption tools

Read more information, including our recommendations, in the PDF below:

Pakistan Cyber Crime Joint Analysis

 

April 17, 2015 - Comments Off on Saving us from democracy: Cyber Crimes Bill, amended in secret, approved by NA Standing Committee

Saving us from democracy: Cyber Crimes Bill, amended in secret, approved by NA Standing Committee

On April 16 2015, the National Assembly IT Standing Committee passed Version 4 of the draft of the Pakistan Electronic Cybercrimes Bill. The current revision of the bill, now known as the Prevention of Electronic Crimes Bill, is linked below. Post-2014, the consultation process was undertaken behind closed doors without the necessary public oversight and consultation from civil society stakeholders. Along with other rights groups, we are disturbed at the manner in which the bill has been revised, in effect criminalising freedom of expression, the right to privacy, and curtailing civil liberties.

Article 34, for example, permits “authorised” officers of the state to block or remove any information if the state:

“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.”

Given that the government has not permitted civil stakeholders from providing input, how these terms have been defined in the context of the bill is problematic, and possibly subject to broad interpretations that may not permit in-depth critical analysis of the failures of this bill.

Prevention of Electronic Crimes Bill 2015

February 4, 2015 - Comments Off on Call for comments: Prevention of Electronic Crimes Act 2015

Call for comments: Prevention of Electronic Crimes Act 2015

After the expiry of Pakistan Electronic Crimes Ordinance in November 2009, there was certainly a need to have a comprehensive law to deal with crimes committed over the Internet. It was, however, not high in the government's priority list. But after a slumber of 5 years, the Ministry of Information Technology and Telecommunication finally got to work and prepared a draft bill (Prevention of Electronic Crimes Act 2014) in February last year.

Last month, it was reported that after one year of preparing the draft "in consultation with other stakeholders" the Ministry was planning to send it to the Prime Minister to table it in the National Assembly.

Except that consultations—before and after the bill was drafted—were largely ignored.

Rights groups, including our own, had raised several reservations on last year's draft, which the current version of the bill didn't take into consideration. Keeping this in view, the Chairman of the National Assembly Standing Committee on IT has now formed a 4-member sub-committee of MNAs to review, amend and finalize the bill within 14 days so that it can be tabled in the Assembly.

We have been working with international organizations, including Article 19 and Privacy International, to dissect the Prevention of Electronic Crimes Act 2014 over the past one year and propose these changes in the draft to bring it up to par with International human rights laws.

We reiterate that the lack of procedural safeguards against surveillance activities carried out by intelligence agencies poses a serious threat to human rights, especially the right to privacy; we also emphasise the importance of establishing a competent independent oversight mechanism that has the ability to access all potentially relevant information about state actions. Further, we highlight the lack of clear definitions in the draft law, rendering it open to abuse in its application, and are concerned by the overly broad offence of cyber-terrorism it would

In addition, we have the following four separate comments on the draft law and its implications for the

1. Information-sharing with foreign governments and entities should be regulated by specific laws and subject to independent oversight

2. A clear and accessible legal regime should govern any data copied and retained by state authorities

3. Requiring mandatory data retention by service providers threatens the right to privacy

4. Service providers should not be required to keep the fact of real-time collection and recording of data secret indefinitely

The current revision of the draft bill is embedded below. Please feel free to send us your comments, we'll try to submit those, along with our own, to the sub-committee reviewing the draft.

The Draft Bill

Our Detailed Comments