[governance] Pakistan: National URL Filtering

Thu Feb 23 12:51:36 EST 2012

On Fri, Feb 24, 2012 at 2:50 AM, Arzak Khan <azrak_khan at hotmail.com> wrote:

> The main purpose behind placing this filtering box is to allow the
> government at any time to completely restrict what it desires.

Do they block according to existilang laws such as Obscene Publication Act
etc. When I went into the site that Shahzad sent in relation to the link he
sent for the RFPs, I noticed that it was being put up by an arm of the
Government Ministry which was the R&D Fund. I then went into Pakistan's
Legal Database to see how this was organised and found the following:

"The* Pakistan Telecommunication (Re-organization) (Amendment) Act, 2006
(Act No. II of 2006) *seeks to amend the Pakistan Telecommunication
(Re-organization) Act, 1996. It provides for legal cover to the changes
made in the telecom sector introduced through the Telecom Deregulation
Policy and Mobile Cellular Policy. It further provides for establishment of
R&D Fund (Research and Development Fund) USF (Universal Service Fund), its
administration and utilization making it obligatory also on the part of the
Licensee to contribute to R& D plus US Funds. It enhances the powers of the
Federal Government to increase the number of members of the Authority and
further classifies the functions of Authority i.e. Pakistan
Telecommunication Authority".

[Several questions surface and I would like ask the following:-

   1. Was the amendment debated in Parliament? Was it the "express will of
   the people" ? It says "Act" but at the same time it is categorised as
   President's Order. I could assume that it was the decision of Pakistan's
   legislature;
   2. I have difficulties understanding how a Tribunal established by the
   Federal Government in Pakistan is the Appellate Forum along with the High
   Court under the *Pakistan Telecommunication (Re-organization)
   (Amendment) Act, 2006 (Act No. II of 2006). *Who gets to choose?*
   *
   3. As an outsider, I am somewhat comforted by Pakistan's National
   Judicial Policy, see:
   http://www.supremecourt.gov.pk/web/user_files/File/NJP2009.pdf which
   shows the Courts approach to perceived encroachment to certain liberties;
   4. It will be good if the Pakistan IGF could run workshops for the
   general community and weave it into judicial workshops and the main thing
   is to get people to understand the diverse perspectives etc and also get
   the Pakistan Human Rights Commission more involved in IGF if they are not
   already;
   5. I also note that this is a sensitive issue especially for those in
   conflict territory" and you may wish to read an excellent piece on "Freedom
   of Expression in Conflict Areas such as Pakistan, see:
   http://www.hrcp-web.org/shownews.asp?id=23

The reality is at the end of the day even for the ICCPR, and freedom of
expression there are rights and responsibilities and there are exceptions.
It is the determining of the boundaries that is at stake.

> Presently ISP have been instructed to do it but than the chain becomes
> complicated and long for these internet restrictions to be implemented.
> Also ISPs do need to consider the business case for such kind of blocking
> and filtering e.g. in the event of blocking porn in Pakistan we have seen
> considerable decline in video traffic so we have seen reluctancy of certain
> ISP in complying to the growing demands of govt to block or deny access to
> certain content.
> Also with the growing use of social media networks for digital activism
> the government feels threatened from the free and open internet. Example
> being complete blocking of websites highlighting human rights abuses in
> Balochistan.
>
> Cheers!
> Arzak
>
> ----------
> Sent via Nokia Email
>
>
> -----Original Message-----
> From: Shahzad Ahmad **
> Sent: 2/23/2012 2:32:52 PM
> To: governance at lists.igcaucus.org **, 'Anriette Esterhuysen' **
> Subject: RE: [governance] Pakistan: National URL Filtering & Blocking
> System.
>  Thanks Anriette for the kind message.
>
> We think that this advertisement is just to complete the bidding and
> documentary process as it is required now otherwise, competing parties end
> up in the court. The system would have already been in place by now... who
> knows?
>
> Right now, we are working on our public statement against the proposed
> system. Will post it here and send to you separately.
>
> Best wishes
> Shahzad
>
>
> -----Original Message-----
> From: governance-request at lists.igcaucus.org
> [mailto:governance-request at lists.igcaucus.org<governance-request at lists.igcaucus.org>]
> On Behalf Of Anriette
> Esterhuysen
> Sent: Thursday, February 23, 2012 6:47 PM
> To: governance at lists.igcaucus.org
> Subject: Re: [governance] Pakistan: National URL Filtering & Blocking
> System.
>
> Thanks for this Shahzad. Very relevant for next week's panel. The
> transparency of putting out a public call for bids for filtering and
> blocking systems is quite remarkable :)
>
> It shows confidence, it sends a strong public message, and it will also
> encourage competition and innovation in the internet industry to come up
> with 'smarter' ways of filtering.  All very disturbing.
>
> Anriette
>
>
> On 23/02/12 06:14, Shahzad Ahmad wrote:
> > Folks,
> >
> >
> >
> > Forwarding for your kind information, the little news and the grand
> > plans of Government of Pakistan to build Great Firewall.
> >
> >
> >
> > We believe that it coincides well with the UN's Experts Panel on 29th
> > Februaryand the panelists may like to raise this?
> >
> >
> >
> > RFP is attached and here is the link:
> >
> >
> >
> > http://ictrdf.org.pk/RFP-%20URL%20Filtering%20&%20Blocking.pdf
> > <http://ictrdf.org.pk/RFP-%20URL%20Filtering%20&%20Blocking.pdf>
> >
> >
> >
> > *An excerpt from the RFP: *
> >
> > "/Each box should be able to handle a block list of up to *50 million
> > URLs* (concurrent unidirectional filtering capacity) with processing
> > delay of *not more than 1 milliseconds*."/
> >
> >
> >
> > Bytes for All, Pakistan have been expecting that there will be major
> > crackdown on the Internet towards elections. and this probably is the
> > start of things to come in the near future. We are going to issue a
> > public statement on this and will share the updates.
> >
> >
> >
> > Best wishes and regards
> >
> >
> >
> > Shahzad Ahmad
> >
> > www.bytesforall.pk <http://www.bytesforall.pk>
> >
> >
> >
>
> --
> ------------------------------------------------------
> anriette esterhuysen anriette at apc.org
> executive director, association for progressive communications www.apc.org
> po box 29755, melville 2109 south africa tel/fax +27 11 726 1692
>
>
>
>
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-- 
Salanieta Tamanikaiwaimaro aka Sala

Tweeter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
Cell: +679 998 2851
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