Ministry lists difficulties in tracing leaked audios
The Ministry of Defence has informed the Islamabad High Court (IHC) that only a social media platform can identify the user who uploaded specific content—audio, video, or picture—on it.
The ministry highlighted that only the Federal Investigation Agency (FIA) has access and the authority to request such information from platforms like Facebook, Instagram, and X.
"Under the Pakistan Electronic Crime Act (PECA) of 2016, the FIA Cyber Crime Wing is the designated agency for curbing cybercrimes," stated a one-page report submitted by the ministry on December 19.
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"According to Section 35 of PECA, the FIA has the power to access or demand information in a readable and comprehensive format or plain version from service providers (social media platforms). The court may direct the FIA cybercrime wing to further investigate the matter and obtain the details," it said.
The ministry submitted the report following the order of a single-member IHC bench presiding over a case related to the alleged leak of recorded phone calls involving Najam-us-Saqib, the son of former top judge Saqib Nisar, and Bushra Bibi, the wife of former Prime Minister Imran Khan.
The report mentioned the availability of various tools on smartphones to record phone conversations, stating that these tools are inexpensive and easily accessible. Additionally, it highlighted the existence of paid services that claim to extract data from devices by different means.
Furthermore, the report noted that callers could record conversations, and these recordings might get leaked or hacked. It also mentioned the current technological advancements in artificial intelligence, enabling the alteration of voices or conversation content, emphasizing the potential for voice mimicry.
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In its written order issued on December 23, the court expressed astonishment at the revelation that the state lacked the capacity to identify individuals recording private telephone conversations and how these illegal acts were perpetrated.
The court instructed both the director generals of the FIA and the Intelligence Bureau (IB) to appear in court on February 19, 2024, along with reports based on their inquiries to identify the social media accounts used to release and circulate the illegally recorded voice calls.
The order highlighted the federal government's stance that none of the law enforcement or intelligence agencies in the country possessed the technological capacity for electronic surveillance of citizens or the ability to identify those undertaking illegal surveillance.
Considering that the leaked audios involved conversations of two successive prime ministers, the court deemed the government's position shocking.
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The court emphasized that the case involves the state's responsibility, as defined by Article 7 of the Constitution, to protect citizens' fundamental rights guaranteed under Chapter 1 of the Constitution. It stressed the need for strict scrutiny to uphold these rights.
“This court, in discharge of constitutional duties, has no option but to undertake strict and searching scrutiny of the matter to uphold the fundamental rights at stake.”
The order recalled the Attorney General for Pakistan (AGP) Mansoor Awan's statement during the last hearing, wherein he informed the court that the FIA had contacted various social media platforms to seek information regarding the release of the leaked voice calls to determine their sources.