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Call to rescind Tunisia’s e-surveillance decree

By , Editor, ITWeb Africa
Tunisia , 03 Dec 2013

Call to rescind Tunisia’s e-surveillance decree

Critics have lashed out at a decree in Tunisia that plans to establish a controversial communications surveillance system in the North African country.

Non-profit organisation Reporters Without Borders is calling for the Tunisian government to rescind its plan to create the ‘Technical Agency for Telecommunications’ (ATT or A2T).

Tunisia’s government announced the formation of the ATT in November: an agency that is expected to provide the likes of technical support to judicial investigations in crimes that involve the use of technology.

In Tunisia, decrees are issued by government and do not require parliament’s approval.

But Reporters without Borders says the planned ATT surveillance agency is vague and opens the way for abuse of civil liberties.

Among specific issues that Reporters without Borders has raised include that ATT provides technical support for judicial investigations into "information and communication crimes" without defining these crimes.

Reporters without Borders also says the agency could sidestep the judiciary while being the only authority that is able to authorise and monitor surveillance measures.

Other concerns raised include that the decree says “little” about supervision of the ATT's activities, and that government ministries name seven of its nine members, which does not guarantee the agency’s independence.

While the decree regarding the proposed agency also references "international human rights treaties" and "civil liberties", these issues are not at the centre of the concerns of the agency, adds Reporters without borders.

“The rules governing surveillance measures need to spelled out in detail, especially as regards their duration, proportionality and purpose,” says Reporters without Borders in a statement released on Monday.

Other issues raised about the decree include that it does “not provide for user notification or any method for challenging the legality of surveillance measures.”

“When a surveillance decision is taken, those affected will not be notified and will not have ‘enough information to enable them to appeal the decision’ or ‘access to the materials presented in support of the application for authorisation,’” says Reporters without Borders.

Reporters without Borders adds that given Tunisia's history since 2011, ATT could enable surveillance without safeguards and controls.

Tunisia has emerged from a revolution in 2011, in which former President Ben Ali was ousted amid anger from protesters regarding his 23-year dictatorship and abuse of power.

Meanwhile, advocacy group Global Voices last month further raised concerns that the creation of the ATT could stem from legislation that was set up while Ben Ali was in power.

“The 2001 Telecommunication Code and the 2004 Privacy Law, were among the laws invoked by the government to establish the ATT,” Global Voices wrote in a post on its website.

“These two laws have deficiencies which make users vulnerable to judicial prosecution and state surveillance. Article 86 of the telecommunication code stipulates that anyone convicted of ‘harming others or disrupting their lives through public communication networks’ may face up to two years in prison. This particular article has been used many times (before and after the revolution) to prosecute and convict bloggers and users,” the group added.

In the meantime, though, Tunisian activists have already launched the ‘Stop #A2T campaign’, which seeks to either halt the creation of the agency or, at the very least, have a civil society member on its board.

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