Surveillance In The Digital Age: Pakistan’s Move To Authorize Phone Tapping – OpEd

In today's globalized world driven by technological advances, life has become more convenient, enabling instantaneous communication across vast distances. However, this interconnectedness has also increased the vulnerability of information. As a result, communication surveillance is conducted globally to protect against potential threats of information. This practice entails monitoring, intercepting, and analyzing various forms of communication, such as phone calls, emails, and digital messages. Typically conducted by government agencies, law enforcement, or intelligence services, it aims to gather information for security and intelligence purposes. The legality, extent, and oversight of communication surveillance are defined by national laws and regulations, aiming to balance security needs with the protection of privacy rights and civil liberties.

On July 8, the federal government authorized the Inter-Services Intelligence (ISI), Pakistan's top spy agency, to monitor telephone communications for national security reasons and to prevent crimes. According to the notification, ISI has been granted the authority to record phone calls under Section 54 of the Pakistan Telecommunication Act 1996, allowing it to monitor any telecommunications system specified in the notification. Section 54 of the Telecommunication Act states that regardless of any existing law, the Federal Government may authorize individuals to intercept or trace calls and messages through telecommunication systems in the interest of national security or to prevent any offense.

In December 2023, during a case concerning audio leaks at the Islamabad High Court (IHC), it was disclosed that no government authorization had been granted for intelligence agencies to intercept audio conversations. Pakistan’s Attorney General Mansoor Usman Awan informed the court during a hearing of a petition filed by Bushra Bibi, former Prime Minister Imran Khan’s spouse, seeking action over a leaked conversation involving her and PTI leader Latif Khosa. The petition, citing Article 14 of the Constitution protecting dignity and privacy, named the principal secretary to the prime minister, and secretaries of defence and interior as respondents. Earlier in May, Justice Babar Sattar had stated that no state official appeared authorized to surveil citizens, warning against such actions and prohibiting cellular companies from sharing citizens’ data with agencies.

The opposition party PTI responded to the notification, stating that granting authorities "unlimited powers for phone tapping" equates to a "violation of privacy and human rights." Former Human Rights Minister Shireen Mazari condemned the decision, referred it to George Orwell’s novel "1984," which depicts totalitarian regimes using censorship to control information, manipulate reality, and suppress dissent. Leader of the Opposition in the National Assembly, Omar Ayub, also criticized the government, stating that "only a fascist regime would give an intelligence agency complete authority to tap citizens' phones." He said that PM Shehbaz Sharif has effectively undermined himself with this decision. Ayub warned that the move could have significant repercussions, suggesting that "this SRO will become a tool for the ISI to blackmail and subjugate politicians and media figures, including Bilawal Bhutto, Asif Zardari, and Maryam Nawaz.

However, the Defense Minister Khawaja Asif has strongly endorsed phone tapping by security agencies, highlighting its essential role in the ongoing fight against terrorism. He reiterated that phone tapping is crucial for combating terrorism and safeguarding national security. He also called on critics to consider the broader implications of security measures in such challenging times.

The decision to allow spy agencies to tap phones and trace messages for national security is a very tricky issue. It raises important questions about the balance between security and privacy, as well as the potential for abuse of power. On one hand, such measures can be crucial for preventing terrorism and other serious threats. On the other hand, they can infringe on individual privacy and civil liberties if not properly regulated and overseen.

In brief Pakistani government must carefully consider and implement stringent safeguards, transparency, and oversight mechanisms to ensure that these powers are not misused and that citizens' rights are protected. Public debate and legal frameworks are essential to finding a balance that serves both security needs and the preservation of fundamental freedoms.