As the national election approaches, conversations around digital freedoms have become more urgent than ever. Against this backdrop, Tech Global Institute (TGI) organised a seminar to discuss both the challenges posed by cyber laws and practices, including risks around surveillance and censorship.
Speaking at the virtual panel discussion on Wednesday, UN Special Rapporteur on Freedom of Expression and Opinion Irene Khan explained the nuances of Bangladesh's current government situation and issues in the security sector.
"We have an interim government in place which has limited authority. We have a security sector and that is the only sector that has been untouched by the upheaval and the changes.
"So, [in these] kinds of situations, what is it that we can do to ensure reforms in the security sector? The security sector is the one that has to help [the interim government] make that transition. And yet, it has all this surveillance equipment and therefore has an advantage over everyone else in determining who should lead the next government. That is [when] we need to look [into] processes rather than answers."
A recent report by TGI found that, over the last 15 years, the Bangladeshi state spent more than $190 million on the procurement of surveillance equipment.
TGI Executive Director Sabhanaz Rashid Diya pointed out, "In the last couple of months, there have been efforts to revise the Bangladesh Telecom Regulatory Act, and in our analysis in the past, we have engaged significantly on the [Act] being one of the biggest enablers of surveillance in Bangladesh, and also being a significant impediment to freedom of expression."
According to her, the BTRA allows law enforcement to install surveillance devices at the network level, making licensing for tech providers contingent upon certain kinds of permissions and access – and this is deeply troubling.
"In recent months, we have seen that there has been a move to amend that particular law, although it's very unclear to us who is in charge, because it falls under the BTRC, but then we're hearing it's now with the ICT. So that creates a lot of questions about the rules of business under Bangladesh's constitution. Second, if [the] BTRC is drafting their own regulatory mechanism, it's almost like self-regulation, so that, of course, in itself is very problematic."
In this regard, Dinah van der Geest, a Programme Officer at ARTICLE 19, said, "I think surveillance is not in itself illegitimate. States everywhere have the responsibility to safeguard public safety, to investigate crime, [and] protect citizens. But when surveillance becomes pervasive, opaque, and unchecked, it crosses a dangerous line."
In discussing what the current government can do in order to safeguard digital freedoms ahead of the next national election, Irene said, "Think digital. I don't think the government does. But everyone else is thinking digital. So, the government needs to think digital and about how they're going to work in the digital spheres; bring the [internet] companies in, talk to them, get people to understand how important the digital sphere is—political parties as well."
The seminar was titled "From Laws to Rights: Defending Digital Freedoms in Bangladesh's Democratic Transition".
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