PTA faces show-cause notice in leaks case

Telecom regulator’s involvement in surveillance under scrutiny by IHC

ISLAMABAD:

The Islamabad High Court (IHC) has issued show-cause notices to the Pakistan Telecommunication Authority (PTA) chairman and its members for misrepresenting facts regarding the Lawful Intercept Management System in “an attempt to divert the course of justice.”

“They shall file their responses to the show-cause notices within six weeks and appear in person on the next hearing date—September 4,” said a written order seen by The Express Tribune.

The order was authored by Justice Babar Sattar, who has been hearing the petitions filed by Bushra Bibi, the spouse of former prime minister Imran Khan, and Najamus Saqib, the son of former chief justice of Pakistan Saqib Nisar, against the leaking of their alleged telephone conversations on social media.

According to the order, the court has formed the preliminary view that the PTA chairman and members have misrepresented themselves to this court regarding the Lawful Intercept Management System.

The order noted that the federal government has granted no permission under the Telegraph Act or the Telecom Act to any agency—security or intelligence—or person to record audio calls or surveil citizens.

“The federal government, as well as law enforcement and intelligence agencies across Pakistan, have never once sought a warrant for surveillance under provisions of the Fair Trial Act.

“[However,] a mass citizen surveillance system in the form of a Lawful Intercept Management System has been installed at the expense of Telecom Licensees [companies] on the direction of the PTA at a Surveillance Center designated by the PTA, for use by designated agencies.”

The order noted that through this system, the agencies can surveil the telephone calls of 4 million citizens at any given time while the system also provides designated agencies access to the audio and video data of citizens through the networks of telecom companies.

“The Lawful Intercept Management System has been installed and is being operated without any backing of law. Those who are using and/or enabling the use of the system may have rendered themselves liable to criminal liability under provisions of the Fair Trial Act, Telecom Act, Pakistan Electronic Media Crimes Act (PECA), Telegraph Act, and Pakistan Penal Code,” it said.