The Ministry of Information Technology and Telecommunication has issued a notification granting the Inter-Services Intelligence (ISI) the authority to intercept and trace calls within the scope of national security, as per Section 54 of the Pakistan Telecommunication (Re-organisation) Act, 1996.
“Under Section 54… the federal government, in the interest of national security and to prevent any offense, is pleased to authorize officers not below the rank of grade 18, nominated by the ISI, to intercept calls and messages or trace calls through any telecommunication system as outlined in Section 54 of the Act,” the notification stated.
The notification further specifies that the government will have priority and precedence in the telecommunications system over any licensee to protect national defence or security against foreign threats. “The federal government, in the interest of national security and to prevent any offence, is pleased to authorize officers… nominated by ISI to intercept calls and messages or trace calls through any communication system,” it reiterated.
This decision aligns with Prime Minister Shehbaz Sharif’s administration’s efforts to tighten social media regulations. The prominent social media platform X remains banned under similar national security concerns.
Earlier in May, the Prime Minister approved a draft to amend the Prevention of Electronic Crimes Act (PECA) 2016, which proposed the establishment of a Digital Rights Protection Authority.
Additionally, the government is implementing a national firewall across various internet service providers (ISPs) to control social media, with filters capable of blocking unwanted content from reaching a wider audience, as reported by the media.
The firewall is designed to identify and block content deemed harmful to national security, along with considerations to regulate Virtual Private Networks (VPNs) use.
Court questions ISI powers
The order permits the ISI to nominate officials at least of grade 18 to carry out these interceptions. This notification follows a significant court case concerning the alleged illegal interception of a call between former First Lady Bushra (Imran) Bibi and ex-minister Zulfiqar Bukhari.
In a recent 28-page order, Justice Babar Sattar of the Islamabad High Court highlighted the lack of clarity on whether the Constitution or statutory law allows such surveillance and questioned the legal framework governing such activities. Despite repeated inquiries, the federal government and its agencies failed to provide satisfactory answers.
The court condemned the ISI’s new surveillance powers and criticized the lack of transparency and legal oversight. Lawyers and human rights advocates have expressed strong opposition to the ISI’s expanded role in mass surveillance, citing privacy concerns and potential abuses of power.
Justice Sattar’s order detailed how the Pakistan Telecommunication Authority (PTA) mandated telecom operators to install the Lawful Intercept Management System (LIMS), which enables mass surveillance of up to 4 million citizens simultaneously. The system can intercept data, record calls, and monitor online activities without human intervention.
The court emphasized that such a system operates without any legal backing and poses significant risks to citizens’ privacy and constitutional rights. The installation and use of LIMS without judicial or executive oversight were deemed unlawful.
Justice Sattar’s ruling underscored that the government’s actions in setting up and using such a surveillance system violate citizens’ fundamental rights. The court called for accountability and legal reforms to ensure any surveillance activities are conducted within a clear, lawful framework.
July 10,2024
Source: Express Tribune, The Friday Times