South Asia Jurist Volume 03 | Page 10

Internet surveillance capable of risking national security at large:

The potential for mass state surveillance programs to violate citizens' privacy is clearer now than it has ever been. What some may not appreciate is the extent to which they can also introduce new risks to national security. For instance, weakening the security of networks and systems also introduces vulnerabilities which extend to financial markets and trading, making them easier targets for criminal and foreign-nation attackers.

While Pakistan boasts some 20million users, India is estimating to reach 330m Internet users in the next three years. In such a large and fast-growing community, it is highly doubtful that either government has the resources or skills to ensure its surveillance infrastructure is both secure and invulnerable. Especially after the aftermath of Snowden leaks which involved National Security Agency, considered one of the most secure in the world, asking governments to secure their networks would be too much to ask for.

Advancing technologies of surveillance raise serious questions about citizens’ rights; however, potentially oppressive use of technology is not the only issue. Especially in Pakistan, individuals have to put up with policies and enforcement actions that often seem arbitrary and sometimes

unfounded on proper law or due process.

The Snowden disclosures also highlight the glaring problem of accountability – if too many powers are given to a certain few individuals or departments, particularly in sensitive areas such as intelligence and national security, how can governments make sure they are not being misused?

While Snowden’s leaks may help citizens around the globe become more serious about their privacy rights, and serve to warn governments about the risks of running mass surveillance programs, it should also be considered here that no technology can be built without any loopholes.

South Asian governments are as affected by issues of national security and terrorism as any, and more so than the most. There is huge diversity across the region, in terms of national and cultural attitudes to privacy, freedom of expression, democracy, secular government and economic growth. Many states in the region, however fast their economic growth is, are still comparatively immature in terms of citizens' understanding of online privacy, and the governance of communications infrastructure and online services.

There is a real risk that governments will apply the technology of surveillance excessively for purposes of political control, forfeiting the social benefits that come from an open, safe Internet. Unless South Asian governments strike the right balance between social benefits, human rights and political control, our rapidly-growing Internet could be a disaster in the making.

Sources

[1] http://www.ellsberg.net/

[2] “For Their Eyes Only”, May 2013, https://citizenlab.org/storage/finfisher/final/fortheireyesonly.pdf

[3] “FinFisher Commercializing Digital Spying – How You can be a Victim?”, May 9 2013, http://digitalrightsfoundation.pk/finfisher-commercializing-digital-spying-how-you-can-be-a-victim/#!

[4] Freedom on the Net Pakistan Country Report, 2013, http://www.freedomhouse.org/report/freedom-net/2013/pakistan

[5] International Telecommunication Union statistics on the Internet, http://bit.ly/aaDfhj

[6] “Why was IMDb Blocked?”, November 2013, http://tribune.com.pk/story/636013/why-was-imdb-blocked/

[7] http://www.imdb.com/title/tt2616400/

[8] http://www.gulffilmfest.com/en/films/detail/film-the-line-of-freedom/23961/2013 trailer http://vimeo.com/70204664

[9] “A Facebook status can get you arrested faster than killing someone now”, November2012, http://www.genderit.org/feminist-talk/facebook-status-can-get-you-arrested-faster-killing-someone-now

Author will like to send a note of thanks to Shaikh Rafia, Research Associate at DRF for all her help in writing this Article.