29. 07. 2008

RATEL'S DIRECTIONS ON ELECTRONIC SURVEILLANCE OF INTERNET COMMUNICATION VIOLATE HUMAN RIGHTS OF CITIZENS OF SERBIA

Belgrade, 29.07.2008 – Belgrade Center for Human Rights condemns the directions issued by the Republic Telecommunication Agency (RATEL) on July 11, 2008 to regulate mandatory technical requirements for Internet service providers for the purpose of electronic surveillance of Serbian citizens' communications over the global network. Among other things, RATEL's directions require of Internet service providers to provide the following to all state institutions authorized for electronic surveillance, most of all to the Security and Intelligence Agency (BIA):

(1)   access to and periodic delivery of database information on all their users, including all personal details as well as their Internet addresses;

(2)   access to databases of e-mail users;

(3)   fully autonomous passive monitoring of Internet activities of each subscriber, as well as redirection of their communication;

(4)   interception of e-mail, audio, video, instant messaging and peer-to-peer communication.
 
RATEL also requires Internet service providers to provide all the above-mentioned technical services, including links to BIA and all the necessary equipment, at their own expense.

This decision by RATEL violates the Constitution and laws of the Republic of Serbia, as well as the European Convention on Human Rights which protects the right to privacy of all citizens of Serbia. The Constitution explicitly specifies in its Article 41 that secrecy of letters and other forms of communication is inviolable and may be limited only if necessary for the purpose of criminal proceedings or protection of national security of the Republic of Serbia, in the manner specified by law and on the basis of court decision.

By issuing these directions, RATEL has exceeded its authority: the privacy of communication can be limited only by law, and not by the way of sublegal enactments. This direction does not include any provisions on the protection of Serbian citizens' privacy, and it does not mention that Internet service providers are allowed to give information on their subscribers and their communication to state authorities only on the basis of a court decision. On the contrary, by the way of these directions, RATEL gives the keys to Serbian Internet to the Security and Intelligence Agency, at the expense of Internet service providers themselves, i.e. their subscribers. This kind of limitation of civil rights and freedoms would have been alarming even in the most developed democracies, and even more so in Serbia, whose security agencies were politically abused for decades.

Belgrade Center for Human Rights demands that RATEL withdraw its unconstitutional and illegal directions. If it fails to do so, the Center will initiate a court ruling on constitutionality before the Constitutional Court of Serbia. The Center appeals to Internet service providers to defend their rights and interests and refrain from participating in the violation of the Constitution of the Republic of Serbia and human rights of her citizens. The Center also invites citizens and the public to fight for their rights and freedom, instead of letting RATEL trample on them.

Related News:

* ANEM to Condemn RATEL's Technical Conditions Document and Way of Its Adoption (ANEM Statement, July 29th, 2008)