The Assembly of the representatives of the people (ARP) currently continues thestudy by the Committee on the anti-terrorism Act. On the e...
The Assembly of the representatives of the people (ARP) currently continues thestudy by the Committee on the anti-terrorism Act. On the evening of Monday, July6, the Minister of the Interior, Mohamed Najem Gharssali was auditioned by thevarious committees in a meeting held behind closed doors.
At this hearing and aboutthe ICT dimension, the Minister of the Interior has spoken with MEPs on how hisMinistry is now working with social networks (facebook, twitter, etc.) to hunt downpeople who hide behind the accounts that are apologists for terrorism.Mohamed Najem Gharssali also referred to the cyber-surveillance and the use of ICTfor terrorist purposes.
The Minister of the Interior admitted that executives of theMinistry are not actually adequate combat cybercrime training, but this will beremedied soon. The Minister however held to remind MEPs and several times thathis Department is committed to respect for the privacy of Internet users.Prior to his stint in plenary, it is interesting for us to do a quick read of the anti-terrorist act, especially in its ICT component. While brings this new law?Counsel Sana Mason, Member of Ennahdha to ARP noted in a speech on Shems FmFriday July 3 that it is just the ICT dimension which is the great novelty of this Anti-terrosite Act.
Indeed, article 13 of the new law defines any act of damage to networks oftelecommunications or systems of information as a terrorist act. For this, sanctionscan range from 5 years to 20 years in prison with a fine whose value varies between50,000 and 100,000 dinars.
In article 15, Bill shows specific on the matter of transport and facilitation oftransport of electronic or computer hardware or software that could be used todesign, manufacture, or carry biological, chemical or nuclear weapons.
Then, it is in article 30 Bill considers the fact to glorify a terrorist or a terroristorganization as well as his ideas and opinions as part of a terrorist act. Thus, astraightforward interpretation of this article states that any publication on twitter orFacebook where its owner shows its support to terrorist groups is consideredbeautiful is good as a terrorist in the eyes of the law. He is liable to a term ofimprisonment with the maximum period of 5 years and a fine ranging from 5 to 10thousand dinars.
In article 33, the Andalucian draft Bill considered terrorist action to provideequipment, web sites, documents, or photos for the doing of a terrorist crime. In thisarticle, the first question that comes to mind is the following: an a hosting spaceprovider is, thus, considered him as a terrorist? Because in this case, of great hostslike GoDaddy, OVH or even our own phone as operators themselves provide Cloudhosting solutions.
In article 49, Bill gives legal pole of counter-terrorism powers to decide on thedeletion or censorship of audio / audiovisual or digital publications, or computerdata that are related to acts of terrorism.
About this axis, the question that should be asked is the framing content types thatmay or may not be relayed by the media in the context of their journalistic work.Thus, if an online media relays a screenshot of an account that publishes photospraising terrorism be obliged to censor the content?
PIs: How will this pole delete it? By contacting the administrator of support bysending him a requisition with a receipt of the requisition processing time? Or willthey be granted the right to hack says digital media and delete the contents? Andthen, how will they do with foreign media/media? Are they going to send themrequisitioning 'international '? Or apply this procedure only with the media/mediabased/hosted in Tunisia?
The people's representatives Assembly continues the discussion of the anti-terrorism Act in commissions. We concentrated on the pane ICT of this law whichprovides for fines and penalties of prisons for all those who broadcast messagesglorifying terrorists on the Net as well as those who use ICTs to sow terror (read thefirst part of the article by clicking here). In this second part continues to unravelother aspects ICT of the said Act.
In article 52 of this Bill, it is the issue of interception of communications which isprocessed. And this interception of communications includes traffic data, of listening, of the exploration of the content of communications, the fact to save, orcopy. The article quotes so the need for involvement of the technicaltelecommunications Agency (A2T), telecommunications operators, access networksoperators, access and internet service providers, etc.
The duration of an interception operation may not last more than four months,renewable one time and cannot be triggered only by a decision of the public prosecutor or a judge of investigation.
In the event that the interception operation does not result in a criminal trial, article54 provides that the data collected are subject to protection such as those dictatedby the laws of the area of protection of personal data. That said, it makes sense tomention that the Bill cites no reference to these laws in question!
The Bill defines in its article 59 what is the audio-visual control. It is putting in placethe technical means for filming including suspects in a case of terrorist crime. Thetechnical means can be deployed according to the Bill in private or public areas, orprivate or public vehicles (metro/bus/train). The Bill also allows to implement thesetechnologies without that private owners of the vehicles or the places in questiondon't know it or accept it or not.
Still, the article in question States that the data collected subject to protection such as those dictated by the laws in the field of protection of personal data and thiswithout any specific reference to these laws.
Article 60 reads also that any person who intentionally distributes data collectedduring the interception or audio-visual control operations is sentenced to 10 yearsin prison.
Then section 63 defines the constitution of the national counter-terrorismCommittee. Thus, it is appropriate to mention that the 6 members of the Committee,a seat is reserved for the national Instance for the Protection of personal data.
This Committee has a role instead of proposal for a national strategy to combatterrorism. The Committee is responsible for coordinating international with foreignpartners in the fight against terrorism. Note that this Bill which should be adoptedurgently by the Parliament remains incomplete on that date. Indeed, if therapporteur of the commission on general legislation declares that the contributionof this new Bill is really the coverage of ICT aspects in terrorist crimes, we do notfind that the question has been processed with care. Nothing that the definitions ofwhat is meant by "damage an information system or a telecommunications network"which remain very ambiguous.
Indeed Bill has reserved two whole pages to define biological, chemical weapons,and nuclear. But no definition of the terms in relation to information andcommunication technologies has been listed. The very vague terms of the genus"technical means", or "digital publishing" opens the door to several interpretations.The issue of cybercrime is first and foremost a full question which should be treatedseparately by setting all the contentious issues. We recall as well as cybercrime Billhas not yet submitted to the Ministerial Council. Gold this law should be a legalrepository for crimes on the Internet and that will define, and this fact more clearly,these "technical means."
Note that the Instance Nationale de Protection of personal data - who this Billassigns a role important - has no technical expert in its composition.
