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April 11, 2018 - Comments Off on Statement: DRF condemns Google’s alliance with Pentagon

Statement: DRF condemns Google’s alliance with Pentagon

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Digital Rights Foundation (DRF) strictly condemns the involvement of technology giant Google with the US Department of Defense’s (DoD) Project Maven, an initiative that intends to deploy machine learning for military purposes, particularly in terms of using artificial intelligence to interpret video imagery which will potentially be used to improve the targeting of drone strikes.

This recent development, in the highest echelons of technology, has been unsettling for us as a digital rights organization situated in a region that has been at the epicenter of military operations by the United States, particularly drone strikes. DRF would like to register its concerns and alarm regarding the far-reaching ramifications of the proposal.

Here is what we know so far:

  1. Employees of Google, numbering in thousands (3000+) have drafted and signed a letter in protest of their employer’s collaboration with the State Department in Project Maven to help increase the existing technology’s efficacy in terms of video imagery and drone strike targeting. “We believe that Google should not be involved in the business of war”, the employees’ letter stated.
  2. The outcry is motivated by the employees’ resistance to the idea of Google allocating resources to the DoD for military surveillance and the potential ethical implication of such involvement. The news, broken by Gizmodo’s article on the 3rd of March, 2018 notes that this pilot project which was not previously reported, was the subject of much debate after being shared on an internal mailing list.
  3. The letter, addressed to the CEO, Sundar Pichai, demands a reassurance from the company by asking it to extricate itself from this allegiance with the Pentagon - the Headquarters of DoD - and for the implementation of a policy which promises that it will not “ever build warfare technology”.

This state of affairs is alarming for a multitude of reasons, the most crucial of which is the possible trend that this could give rise to in terms of overlapping roles being played by organisations that deal in mass data collection to operate and streamline their products in collaboration with state apparatus. The prime concern here is that a behemoth such as Google is used and trusted by billions every single day for business and leisure. Given its influence and role in the daily lives of people all around the world, and the fact that the fate of the data we all hand over to it is hitherto unknown, there will be serious doubts about how it is used. In the aftermath of the Cambridge Analytica scandal, this is a worrisome development especially since no official word has come from Google denouncing data leaks and providing reassurance as to the privacy of users.

Secondly, it should be noted that such projects carry the potential to cause physical harm to humans and/or give rise to geopolitical instability, so Google and the individuals working at the company should be extremely cautious about working with any military agency, especially given the notorious history of conquest that the US armed force enjoys. The consequences of such projects are not only difficult to mitigate but even predict. Moreover, they cannot assume that the DoD has fully assessed the risks involved in the Project before going ahead with it further. It is important to highlight that in the past, drone strikes have been inaccurate and have resulted in the loss of innocent lives, therefore creating a sense of fear within the general population of the targeted area. Indeed the sharpening of the military’s ‘lethality’ has been termed as a goal by the US defense secretary, Jim Mattis, a worrying indicator of the mindset in place. Thus, the onus is on Google as well to fully analyze the consequences and if this new technology is used by the US armed forces, then Google bears the ethical responsibility for the casualties.

Thirdly, since many of the details of Project Maven have not been made public, it is uncertain if Google has asked an independently constituted ethics board to veto or raise concerns regarding any aspects of the program. Any project review process should not only be independent and transparent but should also be made public, and without independent oversight, such a project runs a real risk of harm.

Lastly, as a country on the receiving end of drone surveillance and attacks, this does not bode well for Pakistan. These strikes have targeted the most vulnerable areas of Pakistan, particularly the politically marginalized FATA. As per a report published by the Bureau of Investigative Journalism, a UK-based not-for-profit organization, the strikes have killed between 424 to 966 civilians between 2004 and 2016. For a country not actively at war and for its citizens who did not have the ability or even get the chance to defend themselves before being killed by orders issued from thousand of miles away, this is a cruel mockery of the sovereignty of our boundaries. The alliance of Google with what is essentially a perpetration of ‘war crimes’ within the bounds of our nation, comes across as a breach of DRF’s beliefs in democratic participation. Drone strikes have in the past, however, repeatedly undermined democratic processes and denied decision-making powers to Pakistani citizens. The very concept of foreign surveillance within the territory of Pakistan and its airspace is unsettling.

The US government officials claim that the drone strikes are accurate and rarely harm innocent lives in the area but the reported number of civilian lives lost due to these attacks suggests otherwise. It has also been reported that in Pakistan where drone strikes take place, parents have taken their children out of school to protect them from possible strikes. Such are the lives of civilians living in these affected areas where they cannot even enjoy something as basic as roaming around in the streets without fearing for their lives.

Despite the high number of civilian casualties and criticism that the program lacks transparency, the US Government has repeatedly defended the strikes. While they claim that drone strikes are accurate and rarely harm civilians, strikes can kill or injure anyone in the area, even if they are only meant to kill a targeted individual. Many victims have come forward and shared their harrowing stories of when a drone strike changed their lives. One of the victims of a drone attack reported that 11 of his family members were killed, despite having no links with the Taliban. A member of a local pro-government peace committee was also killed, along with his three sons and a nephew, due to wrongly targeting their house, instead of where the militants resided. These are just two out of the many examples where civilians were killed in the name of collateral damage. Unfortunately, there is no accountability, at least in Pakistan, the death tolls are never confirmed and the strikes, whether successful or not, are never publicly acknowledged by the US government. The psychological impact of drone surveillance, when combined with the civilian casualties during strikes, leads to significant negative strategic costs that need to be incorporated into the assessment of the project by not only the US government but all the relevant stakeholders involved in aiding this project, including Google.

Although it is commendable that Google employees are debating the project internally and voicing their dissent, however there are other stakeholders involved as well--the citizens of countries who are on the receiving end of US surveillance and drone strikes. We strongly urge Google to reconsider the decision to collaborate with the DoD, considering the cost, hefty ethical stakes and safety risks involved.

February 26, 2018 - Comments Off on Demands of the Civil Society: We strongly condemn behaviour of law enforcement authorities in blasphemy case

Demands of the Civil Society: We strongly condemn behaviour of law enforcement authorities in blasphemy case

Civil society strongly condemns behaviour of law enforcement authorities in blasphemy case

  1. We as civil society organisations and concerned citizens condemn in the strongest possible terms the torture and inhumane treatment of Patras Masih and Sajid Masih by the FIA in Lahore. Not only is this a complete violation of the rights of the accused enshrined in the Constitution of Pakistan, but seriously undermines the credibility of law enforcement agencies to protect citizens.
  2. Blasphemy allegations emerged against the accused, Patras Masih, 17 years old, in Shahdara last week. Announcements were made through mosque loudspeakers identifying the accused, alleging that he shared “blasphemous content” on social media supposedly on January 16, 2018. The Tehreek Labaik Ya Rasool Allah (TLYR) and other religious parties blocked the Shahdara intersection, incited violence against the family and demanded the arrest of Patras Masih. These threats have endangered the entire Christian community living in Dhir village in Shahdara Town, resulting in some fleeing their homes. An FIR was registered against Patras (FIR No. 174/18) on February 19 at the Shahdara Town Police Station under Section 295-C of the Pakistan Penal Code that carries a mandatory death sentence.
  3. The accused and his cousin, Sajid Masih, 24, were in the custody of the FIA at the Punjab Headquarters on February 23, 2018 when the incident in question occurred. In a sensitive and charged case of blasphemy, it was highly irregular and imprudent that, according to Pakistan Today, in addition to the complainants, members of the TLYR and other religious parties were also present at the FIA building at the time of the investigation.
  4. It has come to light that around 6:00 PM, Sajid fell off the fourth floor of the FIA building resulting in serious injuries to his head and body. The FIA initially denied that such an incident had taken place. However, it has come to light that Sajid and Patras were tortured by officers of the cyber crime wing and were coerced into sexually assaulting one another. Sajid, pleaded with them to stop. As a last resort, in order to escape the torture and sexual abuse, he jumped off the fourth floor of the FIA building, where the cyber crime wing is located. Sajid is currently in the hospital recovering from his injuries.
  5. We are seriously concerned regarding the treatment of marginalised groups by law enforcement agencies, specifically religious minorities. The state has a heightened duty to protect persecuted groups. Given the history of the blasphemy law being misused to target minority groups, it is egregious that the FIA completely failed to provide any security to the accused and the family. The law enforcement authorities have not only failed in their duty to protect minorities, but have actively participated in violence against them. The vulnerabilities of the accused were exploited by the law enforcement agency to sexually abuse and torture them. This is in direct violation of Article 14 of the Constitution and Pakistan’s international commitments under the Convention Against Torture (CAT).
  6. As concerned members of civil society and organisations working on digital/human rights, we urge the government to hold the concerned law enforcement officers accountable and take active measures to ensure that Patras Masih and Sajid Masih are given the necessary security given the nature of the accusations made against them.

Demands of the Civil Society:

We demand the Ministry of Interior, Ministry of Human Rights, Human Rights Commission of Pakistan, Senate Committee on Human Rights to,

  1. Immediately WITHDRAW the FIR against Sajid Masih for attempted suicide given the fact that he was attempting to escape from the physical and psychological torture and sexual abuse being inflicted on him by state agencies. Section 325 of the Pakistan Penal Code (PPC) is a regressive and colonial-era law that criminalises suicide, and will soon be repealed by the Criminal Laws Amendment Bill 2017.
  2. Pursuant to the right to a fair trial enshrined under Article 10A of the Constitution, the accused must not be denied any of their civil liberties and rights. Patras and Sajid’s lawyer should be granted immediate ACCESS to the accused. Attempts to withhold their right to counsel will result in a violation of fundamental rights.
  3. Security should be PROVIDED to the accused and their family in order to prevent the real and present threat of violence. Attacks against the accused and their family are common in cases of blasphemy and specifically in this case public threats have been issued, making the possibility of violence reasonably foreseeable. The accused has already been attacked outside court where he appeared for his remand hearing on February 23, 2018. Failure of the state to provide protection will constitute willful negligence on their part.
  4. A full and independent INQUIRY of this incident should be conducted to hold the concerned law enforcement authority and officials accountable. The inquiry should be comprehensive, independent and transparent. The inquiry committee should specifically investigate the FIA officials involved for abuse of power, sexual assault and torture. Any withholding of information should be dealt with seriously.
  5. Keeping Article 14 of the Constitution and Pakistan’s international commitments under the Convention Against Torture (CAT) in consideration, law enforcement agencies should be SEVERELY PENALISED for effectuating torture against the accused. Drastic measures should be in place to ensure that such incidents are not allowed to take place again.
  6. ESTABLISH checks and balances on the abuse of power by law enforcement authorities, particularly for policing powers granted under the National Action Plan, the Prevention of Electronic Crimes Act and terrorism-related legislation. The government is urged to REVIEW these powers and that the right balance is struck to ensure that there are protections in place for the accused.
  7. An independent Civil Society Steering Committee needs to be SET UP to review and check the performance of the National Response Center for Cyber Crime (NR3C), FIA. This committee should include members of civil society, technical experts and parliamentarians. The recommendations and concerns raised by the Committee should be taken into account when reviewing the progress of the FIA under section 53 of PECA and determinations of funding by the Ministry of Interior.
  8. Plans to incorporate provisions relating to blasphemy into the PECA need to be seriously RECONSIDERED given inability of the FIA to provide protection to the accused in such cases. Adding these provisions will effectively allow for the weaponization of blasphemy accusations without offsetting protections for the accused.
  9. Special PROTOCOLS to be issued for law enforcement when processing cases of blasphemy, ensuring the rights and security of the accused. Only specially trained law enforcement officers should be allowed to investigate these cases, with oversight with the Steering Committee.
  10. EFFORTS should be made to ensure that Investigating Officers and officials from minority groups are represented in law enforcement agencies. Quotas for women and minority groups need to be implemented with immediate effect and consistently across offices of the FIA.

Endorsed by:

  1. Alpha Human Rights Care Association
  2. Blackstone School of Law
  3. Bolo Bhi
  4. Cecil & Iris Chaudhry Foundation (CICF)
  5. Centre for Legal Aid Assistance and Settlement (CLAAS)
  6. Courting The Law
  7. Democratic Commission for Human Development (DCHD)
  8. Democratic Students’ Alliance (DSA)
  9. Digital Rights Foundation (DRF)
  10. Dove Foundation Pakistan
  11. Ending Violence against Women and Girls Alliance (EVAWG Alliance)
  12. Freedom Network
  13. Girls at Dhabas
  14. Human Rights Commission of Pakistan (HRCP)
  15. Institute for Peace and Secular Studies
  16. Khwendo Kor
  17. IRADA (Institute for Research, Advocacy and Development)
  18. LAAS
  19. Media Matters for Democracy (MMFD)
  20. Minorities Rights Watch
  21. National Commission for Justice and Peace (NCJP)
  22. Network of Journalist for Digital Rights
  23. New Emerging Development Organization (NEDO)
  24. NET
  25. Pakhtunkhwa Ullasi Tehrik
  26. Pakistan Feminist Watch
  27. Pattan
  28. Rawadari Tehreek
  29. SATH Pakistan
  30. Shirkatgah
  31. South Asian Partnership Pakistan (SAP-PK)
  32. Takkra Qabailee Khwendy
  33. Tangh Development Society
  34. The ASR Resource Centre
  35. The Feminist Collective
  36. The Institute of Women’s Studies, Lahore
  37. The Voice Society
  38. Women United for Digital Rights
  39. Women’s Action Forum, Hyderabad
  40. Women’s Action Forum, Islamabad
  41. Women’s Action Forum, Karachi
  42. Women’s Action Forum, Lahore
  43. Women’s Action Forum, Peshawar
  44. A. H. Nayyar
  45. Adnan Ahmad Chaudhri
  46. Aila Fill, NCJP
  47. Akram Pervez
  48. Aleena Rashid
  49. Ali Kamran
  50. Amber Rahim Shamsi, Journalist
  51. Amna Mir
  52. Anam Lodhi, Journalist
  53. Anbreen Ajaib
  54. Angbeen Atif Mirza, Advocate High Court
  55. Arifa Mazhar
  56. Asad Jamal, Advocate High Court
  57. Asha Bedar
  58. Asher Bhatti
  59. Atiqa Shahid
  60. Ayra Inderyas
  61. Ayesha Khan
  62. Barrister Hassan Niazi, Law Clinic
  63. Bari Sarwar
  64. Bilal Hasan Minto, Advocate Supreme Court
  65. Bushra Gohar
  66. Daniyal Yousaf
  67. Dara Shikoh
  68. Diep Saeeda
  69. Dr. Parveen Ashraf
  70. Dr Riaz Assi
  71. Faheem Zafar
  72. Farida Shaheed
  73. Ferida Sher
  74. Farooq Bashir
  75. Fatima A. Athar
  76. Fatima Anwar, Lawyer
  77. Furhan Hussain
  78. Ghazala Afghan
  79. Haider Zafar
  80. Hamza Irshad
  81. Hiba Akbar, Advocate High Court
  82. Hija Kamran
  83. Hina Vahidy, Peace and Development Organisation
  84. Hira Saleem, Advocate High Court
  85. Hyra Basit
  86. Humaira Sheikh
  87. Iqbal Khattak, Freedom Network
  88. Imaan Zainab Mazari-Hazir
  89. Imran Nafees Siddiqui
  90. James Rehmat, Ecumenical Commission for Human Development
  91. Jannat Ali Kalyar, Barrister
  92. Jannat Fazal
  93. Jalila Haider
  94. Javed Akhtar, Support With Working Solution (SWWS)
  95. Jibran Nasir
  96. Joseph Francis
  97. Kashif Nemat, Advocate High Court
  98. Khadija S. Ubeid, Attorney at Law
  99. Khawar Mumtaz
  100. Kiran Nazish, Journalist
  101. Lala Hassan
  102. Lala Rukh Khan
  103. Luavut Zahid
  104. Lynette Viccaji
  105. Maham Ali
  106. Maliha Zia Lari, Lawyer
  107. Malik Faraz
  108. Maria Chaudhry
  109. Maria Rashid
  110. Marium Khalid, Advocate High Court
  111. Meera Ghani
  112. Mohammad Tehseen
  113. Muhammad Salman Khan, Queeristan
  114. Musirah Farrukh
  115. Nadeem Anthony
  116. Nadia Jamil
  117. Naeem Sadiq
  118. Naeema Malik
  119. Naheed Aziz
  120. Nasir David
  121. Nasir Saeed
  122. Nasreen Kazmi
  123. Naveed Fabian
  124. Nazia Rafique Paul
  125. Nazish Attaullah
  126. Nyla Ahsan
  127. Nighat Dad, digital rights activist/Advocate High Court
  128. Nighat Said Khan
  129. Nijah S. Khan
  130. Noor Ejaz Chaudhry, Lawyer
  131. Noreen Lehri
  132. Nosheen Abbas Kazmi, Journalist
  133. Omer Imran Malik, Associate; Mandviwalla and Zafar; CEO of Tahafuz Project
  134. Pastor Shahid M.Paul Christ Assemblies Church International
  135. Parveen Ashraf Hunzai
  136. Prof. Farkhanda Aurangzeb
  137. Ramis Sohail, Lawyer
  138. Riaz Anjum, Advocate High Court
  139. Roland deSouza
  140. Rubina Saigal
  141. Rukhsana Rashid
  142. Rukhshanda Naz
  143. Rukhshanda Naz, Advocate
  144. Rumana Husain
  145. Saadia Toor
  146. Sabrina Dawood
  147. Saddique John
  148. Sadia Bukhari
  149. Safdar Chaudhry
  150. Safina Javed
  151. Sajida Billy
  152. Sajjad Anwar
  153. Sana Mehmud
  154. Sana Saleem
  155. Sarah Zaman
  156. Sarwar Bari
  157. Seerat Khan
  158. Sehar Tariq
  159. Sehar Naveed
  160. Shaukat Ali
  161. Sheema Kermani, Tehreek e Niswan
  162. Shireen Aslam
  163. Shmyla Khan, Lawyer
  164. Sourayya Frick Azam
  165. Sumera Haq
  166. Sumaira Ashfaq
  167. Syed Ali Mehdi Zaidi, Teacher
  168. Syed Nadeem Ahmad
  169. Tahira Abdullah
  170. Tanzila Mazhar, Journalist
  171. Ujala Akram,
  172. Victoria deSouza
  173. Watson Gill
  174. Yousaf Benjamin
  175. Yousaf Mubark
  176. Zahra Khan, Thrive Pakistan
  177. Zehra Zaidi, Lawyer
  178. Ziauddin Yousafzai, UN Special Advisor on Global Education
  179. Zohra Yousaf
  180. Zoya Rehman, Researcher
  181. Zubeida Mustafa

February 25, 2018 - Comments Off on Statement: Civil society strongly condemns behaviour of LEAs in blasphemy case

Statement: Civil society strongly condemns behaviour of LEAs in blasphemy case

February 26, 2018
PRESS RELEASE

Subject: Civil society strongly condemns behaviour of law enforcement authorities in alleged blasphemy case

Civil society organisations and concerned citizens have issued a strong condemnation of the torture, inhumane treatment and sexual abuse of Patras Masih and Sajid Masih by the Cyber Crime Wing, FIA in Lahore. The statement in its entirety can be found here: https://digitalrightsfoundation.pk/demands-to-the-ministry-civil-society-strongly-condemns-behaviour-of-law-enforcement-authorities-in-blasphemy-case/.

The 17 year-old accused, Patras Masih, was accused of allegedly posting blasphemous material on social media. Masih belongs to the Christian community in Shahdara, which has been under siege since the last week by the Tehreek Labaik Ya Rasool Allah (TLYR) and other religious parties who demanded Masid be punished and incited violence against the family. These threats have endangered the entire Christian community living in Dhir village in Shahdara Town, resulting in some fleeing their homes. An FIR was registered against Patras (FIR No. 174/18) on February 19 at the Shahdara Town Police Station under Section 295-C of the Pakistan Penal Code.

On February 23, 2018,  Patras Masih and his cousin, Sajid Masih, were in the custody of the FIA at the Lahore headquarters when the abuse by law enforcement officials took place. Around 6:00 PM, Sajid fell off the fourth floor of the FIA building resulting in serious injuries to his head and body. It has come to light that Sajid and Patras were tortured by officers of the cyber crime wing and were coerced into sexually assaulting one another. Sajid, pleaded with them to stop. As a last resort, in order to escape the torture and sexual abuse, he jumped off the fourth floor of the FIA building, where the cyber crime wing is located. Sajid is currently in the hospital recovering from his injuries. Nighat Dad, Executive Director of Digital Rights Foundation, pointed out that “as a law enforcement body, it is the duty of the FIA to ensure that there are safeguards in place to ensure that the accused are accorded their rights. It is the bedrock of the criminal justice system and the FIA has failed to do so in this case.”

In a statement signed by more than 150 collectives, civil society organisations and concerned citizens serious concerns were raised regarding the treatment of marginalised groups by law enforcement agencies, specifically religious minorities. The state has a heightened duty to protect persecuted groups. Given the history of the blasphemy law being misused to target minority groups, it is egregious that the FIA completely failed to provide any security to the accused and the family. The law enforcement authorities have not only failed in their duty to protect minorities, but have actively participated in violence against them.

In a series of demands, the government has been called upon to immediately withdraw the FIR for attempted suicide against Sajid and ensure that the accused and their family are provided with effective security. Demands has also been made to conduct an independent inquiry into the matter and penalise any abuse of power by the concerned officials. The statement also calls for effective oversight of law enforcement agencies to hold them accountable and prevent abuse of power. Special protocols and procedures should be in place to deal with cases, such as blasphemy, where the lives of the accused are in danger. Lastly, the statement cautions against the proposed amendments to add blasphemy offences to the Prevention of Electronic Crimes Act 2016, given the inability of the state to protect those accused under the law.

The statement has been endorsed by organisations such as Huma Rights Commission of Pakistan, Digital Rights Foundation (DRF), Bolo Bhi, National Commission for Justice and Peace (NCJP), South Asian Partnership Pakistan (SAP-PK), Shirkatgah, Minorities Rights Watch as well as collectives including Girls at Dhabas, Women’s Action Forum Chapters of Lahore, Karachi, Islamabad, Hyderabad and Peshawar, the Feminist Collective, Network of Journalists for Digital Rights and Women United for Digital Rights.

Contact Information
Nighat Dad
[email protected]

February 2, 2018 - Comments Off on Digital Rights Foundation Launched Report: “Digital (in)Security of Journalists in Pakistan”

Digital Rights Foundation Launched Report: “Digital (in)Security of Journalists in Pakistan”

PRESS RELEASE
Digital Rights Foundation
January 2, 2018

DIGITAL RIGHTS FOUNDATION LAUNCHED REPORT: “DIGITAL (IN)SECURITY OF JOURNALISTS IN PAKISTAN”

Digital Rights Foundation (DRF) conducted a nationwide survey on the state of security of journalists to shed light on the threats and concerns journalists face online, which runs parallel to the harassment journalists face offline. This report, titled “Digital (In)Security of Journalists in Pakistan” seeks to map and understand the digital risks that journalists face in Pakistan and suggests policy interventions based on the data collected.

66% of the journalists who participated in the survey responded that they had suffered online insecurity. Journalists face issues of digital security in various ways including blackmail, hacking, threats, sexual harassment, data theft, stalking, and attacks through malware or phishing emails. The survey was divided in two parts; the first part inquired journalists’ understanding of digital security. The second part was only addressed to journalists who had experienced online threats or harassment – 68% of total respondents had faced online threats or harassment, hence proving that the majority is exposed  to online insecurity.

The second part of the survey was focused on online harassment and the gendered nature of digital insecurity. 72% of female journalists and 61% of male journalists experienced digital insecurity. When female journalists were asked how the harassment of female and male journalists differs, 71% reported that female journalists are more likely to be attacked on their appearance. Similarly, 68% of them also believe that female journalists are attacked more than male journalists on their personal lives.

In another question, we asked journalists how online insecurity affected their journalism careers. 45.5% respondents said that online insecurity resulted in self-censorship. The survey learnt that 92% of the respondents believe that online harassment in journalism is either “extremely common” or “common”. Only 8% of respondents believe that online harassment is rare or extremely rare.

This report seeks to posit recommendations to lawmakers with reference to the under-consideration Journalist Protection Bill. The first draft of the Bill did not include provisions for the digital security of journalists, thus the aim of this report is to advocate for lawmakers to also consider that journalists be protected online to keep censorship at bay, and to safeguard their mental health, quality of work, physical security of journalists and freedom of the press.

The report also found a dire need for organizations to realize the nature of this threat and for them to conduct trainings for digital security and privacy. Only 24% of the respondents  reported to have received training of digital security and privacy, and a good 76% remain unaware of the possible ways to tackle this issue.  Media organizations fail their employees in another way as 60% of the respondents admitted that their media organization has no policy to report or deal with online threats/harassment. And the 42% of the journalists who filed a complaint were given no follow up.

Federal Investigation Agency (FIA)’s National Response Centre for Cyber Crime (NR3C) has failed to make a substantial change on two counts. While the FIA set up the NR3C almost a decade ago, they have failed to disseminate information about how digital threats and crimes can be reported to them. Thus, out of all the respondents who face digital insecurity, only 9% reported their cases to the FIA. This number, again, goes to show that the cyber crime wing is hardly being used the way it was meant to be. DRF has submitted recommendations to the NR3C from a victim-based approach that include greater accessibility and complainant-friendly practices.

Digital Rights Foundation is a registered research-based advocacy non-governmental organization in Pakistan. Founded by Nighat Dad in 2012, DRF focuses on ICTs to support human rights, inclusiveness, democratic processes, and digital governance. DRF works on issues of online free speech, privacy, data protection and online violence against women. DRF has worked with several journalists through workshops to provide them with digital security tools, established a “Network of Female Journalists for Digital Security” and published a guidebook titled “Digital Security for Journalists”.

Contact person:
Nighat Dad, Executive Director, Digital Rights Foundation
[email protected]

November 26, 2017 - Comments Off on Press Release: DRF and NetBlocks find blanket and nation-wide ban on social media in Pakistan and demand it to be lifted immediately

Press Release: DRF and NetBlocks find blanket and nation-wide ban on social media in Pakistan and demand it to be lifted immediately

The NetBlocks https://netblocks.org internet shutdown observatory project in coordination with the Digital Rights Foundation https://digitalrightsfoundation.pk/ has collected evidence of nation-wide internet disruptions throughout Pakistan.
On the afternoon of Saturday 25 November, internet users reported disruptions affecting key social media platforms amid protests. The present investigation seeks to provide an early determination of the extent of those restrictions.
Between 16:00 pm and 11:00pm on 25th November 2017, measurements from 121 unique vantage points distributed through 16 ASNs (Autonomous System Numbers) covering major cities and regions in Pakistan were collected, geolocated and anonymised via the NetBlocks web probe measurement network.
Twitter and Facebook are currently restricted with mobile operators Mobilink, Zong, Telenor, Ufone and fixed providers PTCL, Witribe, Zong and Cybernet. Our data indicates that YouTube restrictions are only partially implemented, suggesting that many internet users in Pakistan will still be able to access the video streaming service. Availability of other services has not yet been investigated. A control set of international news websites remained reachable, indicating that the restrictions are targeted to suppress social media coverage of the unrest. The restrictions remain in effect at the time of writing.
A summary of the data is available in CSV format https://netblocks.org/files/netblocks-pk-25-11-2017.csv for examination and may be used with credit. This report is provided as an early indicator during an ongoing crisis situation; we expect our investigation to be supported by more detailed technical evaluation.
Cities specifically found to be affected include Karachi, Lahore, Faisalabad, Rawalpindi, Gujranwala, Islamabad, Quetta and Peshawar while the data suggests the restrictions are in affect nationwide, save for a small number of outliers which appear remain able to access the services.
Digital Rights Foundation demands the suspension of the blanket and nation-wide ban on social media and channels of communication as it does not serve the principles of freedom of expression and proportionality. While the government can take measures to ensure the security of Pakistani citizens, it is important to strike a balance between censorship and security.


NetBlocks.org is a global network observatory that monitors Internet shutdowns, network disruptions, and cybersecurity incidents and their relation to politics and conflict in real-time.
Digital Rights Foundation (DRF) is a research and advocacy NGO based in Pakistan that focuses on how ICT can support human rights, democratic processes and digital governance. It works towards a world where all people, and especially women, are able to safely exercise their right of expression.

December 10, 2015 - Comments Off on DRF Concludes Successful Second National Conference on The Right To Privacy in The Digital Age

DRF Concludes Successful Second National Conference on The Right To Privacy in The Digital Age

ISLAMABAD, NOVEMBER 27, 2015: Digital Rights Foundation organized its second National conference in collaboration with Privacy International on The Right to Privacy in the Digital Age in Islamabad on November 26th, 2015, with the objective of starting a debate around the lack of laws pertaining to cyberspace, with regard to privacy in particular. The conference featured experts from international rights organisations who delivered sessions and answered questions on the various aspects of privacy rights, as well the use and impact of surveillance technologies.

The conference brought together stakeholders including lawyers, parliamentarians, journalists, civil society, to discuss the different aspects of privacy rights in the context of Pakistan in the 21st Century.

L-R: Matthew Rice (Privacy, Waqqas Mir, Ms. Sherry Rehman, Aftab Alam

L-R: Matthew Rice (Privacy International), Waqqas Mir, Ms. Sherry Rehman, Aftab Alam

 

Ms. Nighat Dad, rights activist and founder of DRF, welcomed the participants and explained the need for this conference which would work as a means of building the capacity of Pakistani journalists, activists and civil society organizations. The event was aimed towards understanding in depth the concepts around privacy and how mass surveillance violates privacy rights and international treaties. The goal was not only to create a greater awareness of privacy and surveillance issues, but to also provide the knowledge necessary to advocate for stronger data and privacy protection laws.

L-R: Naveed ul Haq, Waqqas Mir, Hassan Bilal Zaidi, Bushra Gohar, Iqbal Khattak

L-R: Naveed ul Haq, Waqqas Mir, Hassan Bilal Zaidi, Ms. Bushra Gohar, Iqbal Khattak

“To get death threats just for voicing my views, is not acceptable,” pointed out the former member of National Assembly Bushra Gohar, who was among the panellists who debated on the importance of striking the right balance between security and freedom. “Online safety is as important as physical safety now,” said Hassan Bilal Zaidi, staff writer for Dawn newspaper. “The security measures in Peshawar continue to haunt us,” said Mr. Iqbal Khattak, Pakistan country representative and monitor for Reporters Without Borders for Freedom. Mr. Khattak pointed towards the need for the government to control the security threats instead of controlling opinions of the individuals.

“We need effective laws that filter out hate,” said the parliamentarian Ms. Sherry Rehman, who serves as a member of the Senate. She also explained that at the same time, as an emerging democracy, we have certain laws that are an example for other countries. Lawyer Mr. Waqqas Mir, who moderated the sessions, was blunt in his view of those civil societies that have accepted the decision of the government to create laws that will block material as seen fit by it. There is a need to resist such curtailing on freedom of expression. “We have the right to privacy,” as per Article 14 of the Constitution of Pakistan, he explained.

Conference participants took part in rigorous interactive session with panellists and came away with a greater understanding of what is at stake in the struggle to balance security concerns with civil liberties.

December 1, 2015 - Comments Off on Joint statement on The Prevention of Electronic Crimes Bill 2015

Joint statement on The Prevention of Electronic Crimes Bill 2015

Joint Statement from ARTICLE 19, Association for Progressive Communications, Digital Rights Foundation, Human Rights Watch, Privacy International, and others on the Prevention of Electronic Crimes Bill 2015 Pakistan:

ARTICLE 19, Association for Progressive Communications, Digital Rights Foundation, Human Rights Watch, Privacy International, and other organisations remain seriously concerned by the proposed Prevention of Electronic Crimes Bill in Pakistan. Regrettably, despite negotiations and revisions in the last six months through a hard won multi-stakeholder consultation process, the Bill still contains provisions that pose a grave risk to freedom of expression, the right to privacy, and of access to information in Pakistan. We urge members of the National Assembly of Pakistan to take a stand against the Bill by voting against it in its current form. The Bill in its current form should be scrapped and the process of drafting a new bill, ensuring full compliance with international human rights standards, should begin with the inclusion of civil society, industry and public consultation at the earliest possible stage.

The process by which the Prevention of Electronic Crime Bill has reached the National Assembly is deeply concerning. Forcing the bill through committee, without consensus having been reached, and with on-going vocal criticisms by members of the committee show that this bill is not ready to be considered to be passed into law. Furthermore, we remain very concerned that the Bill contains several provisions which pose a threat to the respect and protection of the rights of privacy and freedom of expression. The amendments that have been made in the September 2015 version of the bill are cosmetic at best and none of the concerns raised by committee members, civil society, industry, or technologists have been adequately addressed.

Section 34 of the Bill is still overly broad and fails to include adequate safeguards for the protection of the rights to privacy and freedom of expression, in breach of Pakistan's obligations under international human rights law. Even after calls from stakeholders to remove the section entirely, this power remains in the Bill before the National Assembly. It empowers the Pakistan Telecommunication Authority to order service providers to remove or block access to any speech, sound, data, writing, image, or video, without any approval from a court. By omitting judicial oversight, the Bill, if passed, would write a blank cheque for abuse and overreach of blocking powers. Although the Bill provides for the possibility of a complaints procedure, it does not require such a procedure to be put in place, nor is there any requirement that this procedure involve a right of appeal to an independent tribunal. Even a right of appeal will be inadequate given the sheer breadth of the blocking powers contained in section 34. Such a broad power should not return in any capacity in a future draft of the Bill.

The amended Bill continues to raise significant concerns about unchecked intelligence sharing with foreign governments, along with related human rights abuses. If adopted, the Bill will still allow the Federal Government to unilaterally share intelligence gathered from investigations with foreign intelligence agencies like the US National Security Agency, without any independent oversight. Given the role of intelligence in US drone strikes in Pakistan, without significantly stronger safeguards, this puts the security and privacy of ordinary Pakistanis at risk. Cooperation between intelligence agencies needs to be governed by specific laws, which should be clear and accessible, and overseen by an independent oversight body capable of conducting due diligence to ensure intelligence is not shared when it puts human rights at risk, or results in violations. As the former UN High Commissioner for Human Rights stated last year in her report on the right to privacy in the digital age, intelligence sharing arrangements that lack clear limitations risk violating human rights law. The Bill’s provisions do not come close to achieving this.

The amended version of the Bill continues to mandate that service providers retain data about Pakistanis’ telephone and email communications for a minimum of one year. This requirement drastically expands the surveillance powers of the Pakistan government. The European Union Court of Justice and UN human rights experts found laws mandating the blanket collection and retention of data to be an unlawful and disproportionate interference with the right to privacy, and as a result many other countries are rolling back their data retention legislation. Pakistan’s reluctance to drop this proposal to expand data retention is a regressive move that undermines the privacy rights of all Pakistani people

The new Bill continues to use overly broad terms that lack sufficiently clear definitions. The law empowers the government to “seize” programs or data, defining seizing as to “make and retain a copy of the data”, but does not specify the procedures through the seized data is retained, stored, deleted or further copied. By leaving the creation of a procedure for the seizure of data to the discretion of the Federal Government, the law is critically lacking in setting out clear and accessible rules in line with international human rights law. This, along with many sections of the Bill, endangers the ability for journalists in Pakistan to work freely without the risk of having their work seized, undermining press freedom and freedom of expression.

The former UN High Commissioner for Human Rights has stressed “a clear and pressing need for vigilance in ensuring compliance of any surveillance policy or practice with international human rights law”. The Prevention of Electronic Crimes Bill in Pakistan does not provide that opportunity for vigilance from independent stakeholders. As a result its provisions are dangerously threatening to the rights of freedom of expression and privacy of everyone across Pakistan.

The Bill currently before the National Assembly has failed to address the serious concerns expressed by civil society. As such, the Bill, if adopted as currently drafted, could result in serious violations of human rights, such as the right to privacy and freedom of expression. The debate on the floor of the National Assembly should be an opportunity to point out the flaws of this bill and to reiterate the bill is not fit for purpose. The slate needs to be wiped clean and a new bill worked on bringing it into line with fundamental rights found in Pakistan's constitution and international human rights treaties. As it stands, these rights are being casually brushed aside.

Signatories:

ARTICLE 19
Association For Progressive Communications
Blue Veins
Bolo Bhi
Bytes for All
Digital Rights Foundation
Freedom Network
Human Rights Watch
Human Rights Commission of Pakistan
Individual Land
Media Matters
Privacy International
Reporters Without Borders

Joint statement On the Prevention of Electronic Crimes Bill, Dec 2015

October 28, 2015 - Comments Off on Freedom on the Net 2015: Pakistan, The State of Insecurity

Freedom on the Net 2015: Pakistan, The State of Insecurity

The State of Freedom on the Net 2015

The State of Freedom on the Net 2015

Lahore, October 27, 2015: Freedom House's Freedom on the Net report, conducted in 60 countries, examines the civil liberty, freedom and censorship trends in Pakistan over the past year. Scoring “Not Free” for Internet Freedom, 2015 marks the fourth consecutive year that Pakistan joins the host of nations share the same worst score, with policies that curtail freedom and civil liberties.

Extensively and methodically researched by Digital Rights Foundation, Pakistan in collaboration with Freedom House, the report compiles and analyses actions undertaken by the state to limit internet freedom, to violate user rights as well as the implementation of censorship in Pakistan. The 2015 edition of Freedom on the Net contains some of the following worrying highlights:

    • January 2015: The introduction of drafted cybercrime legislation, the Prevention of Electronic Crimes Bill, which includes overly broad definitions of criminal activity online, which could negatively impact freedom of expression and the right to privacy

 

    • March 2015: Prime Minister Nawaz Sharif disbands an inter-ministerial committee responsible for censorship of 'objectionable' material, and authorises the government regulator to take oversight

 

    • The November 2014 arrest of a Christian (a religious minority in Pakistan) by police who had evaded blasphemy charges related to his blog for three years

 

    • The deaths in August 2014 of two journalists and a network account by unidentified gunmen in their offices in Balochistan

 

    • The leaking of data from the corporate surveillance firm, Hacking Team, revealing interactions with private sector representatives for Pakistani state security agencies, in regards to surveillance equipment that would work on older mobile phone models, amongst other details

 

    • The crackdown on unverified mobile SIM cards, and mandatory biometric verification protocols that were set in place, after a December 2014 attack on school that resulted in more than 150 children being killed

 

The government of Pakistan continues to take ever greater steps to gain further control over the digital spaces that its citizens use, ostensibly to protect them from terrorism and criminals. While it is the duty of the state to protect its citizens, it is also the paramount duty to ensure the right to privacy, the right to freedom of expression, and the right to civil liberties are protected. As the Freedom on the Net report will show, the government is taking further steps to further curtail these rights, to police democratic discourse and stifle dissenting voices that are already threatened offline.

"The government of Pakistan often talks about bringing the nation into the 21st century, and is quick to point to its growing tech industry. But when it blocks websites and moves to clamp down on online discourse, not to mention criminalise ethical hacking, it is choking freedom of expression and the right to privacy back into an earlier, darker age in the nation's history, “ said Nighat Dad, Digital Rights Foundation’s Executive Director. “The use of surveillance tech to monitor and control our access to the internet and to digital services in general,” she continued, “would have a chilling effect on the way that we express ourselves online. Instead of being a safe space, it will be a panopticon, where we are always watched.”

“We are troubled to report that Pakistan's poor internet freedom score failed to improve in 2015. Communications shutdowns, violence, and blasphemy charges related to online content continue to restrict the environment for ordinary internet users. The government has also failed to lift the ongoing ban on YouTube,” said Madeline Earp, Asia Research analyst for Freedom on The Net.

Freedom on the Net and the research of Freedom House seek to address the failings of the state in protecting the rights of citizens, and by compiling and analysing evidence that activists and concerned citizens can use to push for greater democracy online as well as offline.

To view the country report on Pakistan in its entirety, please click here.

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: [email protected]

– 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

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/