Rights activists slam Pakistan’s move to authorize ISI phone taps

Rights activists slam Pakistan's move to authorize ISI phone taps

ISLAMABAD: Pakistani analysts and rights activists have voiced strong criticisms against the government’s recent decision to empower the Inter-Services Intelligence (ISI) with the authority to intercept and trace phone calls and messages.

The government claims this move is in the interest of national security, but critics argue it poses a significant threat to citizens’ privacy and could be misused to target political opponents, activists, and the media.

The Ministry of Information Technology issued a notification on Monday, confirming the authorization granted to the ISI to conduct these intercepts. This decision has reignited concerns about surveillance practices, particularly in light of recent leaks of audio clips involving prominent figures, including former Prime Minister Imran Khan, just ahead of the general elections slated for February 8.

Journalist and media activist Adnan Rehmat condemned the government’s action, describing it as a clandestine attempt to legitimize invasive surveillance without transparency. “This sneaky way of notifying to provide so-called legality to intercepting calls seems politically motivated,” Rehmat stated. He emphasized that policy formulation should involve open discussions and consultations, especially when it affects the privacy rights of ordinary citizens.

Rehmat further highlighted past incidents where phone tapping targeted political leaders, rights activists, and judges, suggesting a pattern of misuse under the guise of national security.

Reports indicate that the Lawful Intercept Management System (LIMS) allows access to a wide range of personal data, including private messages, video and audio content, call logs, and web browsing histories. A Pakistani court previously observed that this mass surveillance system “lacked a legal foundation” and operated without proper judicial or executive oversight.

Nighat Dad, executive director of the Digital Rights Foundation, criticized the notification for enabling unauthorized eavesdropping on private conversations, which she argued violated the right to privacy. She pointed out that the Fair Trial Act requires surveillance or interception to be authorized by a proper warrant, a condition seemingly bypassed by the new notification.

Dad stressed the importance of oversight and accountability mechanisms to prevent misuse. She questioned the recourse available to citizens whose privacy is infringed upon despite posing no threat to national security, noting that surveillance orders should include protections and safeguards.

Journalist and activist Munizae Jahangir described the government’s move as a clear violation of individual rights and Article 14 of the Constitution of Pakistan, which safeguards the dignity of individuals and the privacy of homes. She expressed hope that the notification would face legal challenges, questioning whether this was an attempt to turn Pakistan into a “security state.” Jahangir emphasized that the provisions in the notification are typically reserved for times of war, which is not the current situation in Pakistan.

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Usama Khilji, director at the digital rights advocacy forum Bolo Bhi, reiterated that the Fair Trial Act outlines a lawful process for interception, which involves obtaining a court warrant. The recent notification, he argued, violates this requirement. He also highlighted the historical misuse of national security as a pretext for political meddling, citing the Islamabad High Court case involving audio leaks that targeted activists, journalists, and political leaders.

Khilji called for transparency and legal oversight of all surveillance mechanisms, along with avenues for redress against illegal surveillance.

Iqbal Khattak, executive director of the Islamabad-based civil liberties organization Freedom Network, warned that without clear oversight mechanisms and well-defined terms of reference, the government’s move would undoubtedly infringe on freedom of speech and privacy.

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