Extended Surveillance Bill in Turkey: Legal but not Lawful
Written by Turkish political analyst / blogger, Gürkan Özturan:
Just days after Turkey hosted thousands of delegates from around the world for the Internet Governance Forum in Istanbul and boasted about policing and pressuring Internet freedoms in the country, a law has been passed in urgency, almost like escaping from fire. The new law allows the Telecommunications Directorate (TIB) – which consists mainly of former spies and about which there was talk of disbanding it to make it an office under the national secret service – to carry out surveillance operations and block access to Web sites without a court order. The law now includes the clauses that were rejected by President Gül when the last update was made in February 2014.
The bill came at a surprise moment when it was not being talked of in the media and was definitely not debated at all. Just days before it was passed at 4 a.m., there was criticism of Turkey’s approach to digital rights and liberties, and while activists were expecting a loosening of censorship, surveillance, and profiling activities by the government and secret service, it just happened to get even worse.
Concerns and worries were expressed by an anonymous EU diplomat based in Ankara, and the Turkish EU minister criticized him/her saying “this is not that person’s business.” The minister continued his remarks, saying “This is only in times of national security, not on a regular basis,” referring to the clause of the new bill that states that “this bill can be applied in matters related to national security, public order, and prevention of crimes” yet failed to address exactly what constitutes a breach of national security. One can remember the 2013 Gezi Uprising and how it was labeled a “coup attempt,” activists were declared “traitors,” and the millions who supported the uprising were called “terrorists.”
From Miners to Censorship
Drafting of the reform package began upon the death of 302 miners in a terrible mining tragedy, due to lack of security precautions; yet the draft bill evolved to address censorship, surveillance, and profiling cases. President Erdo?an approved the bill on the 34th anniversary of the 1980 military coup, Friday September 12 – thus initiating a new level of obstacles to rights and liberties.
Raiding of the TIB
The TIB was raided last February and several top managers were replaced after some phone conversations were leaked on the Internet revealing the biggest corruption scandal in history involving the Turkish government. Now the new team will probably be using the “server-ville” facilities just nearby the capital city, where all telecommunications data are being stored. When combined with the plans to install the NetClean and Procera software throughout the country’s telecommunications backbone, this new bill allows the Turkish secret service to become nothing less than a digital Gestapo. It may be legal to carry out such actions in Turkey, but for sure it is not lawful.
Russian-Style Tight Control
Turkey now prepares for yet another stranglehold on digital rights and freedoms. In October there will be a new bill in the parliament which will address Internet and press publishers. The new law is much like the Russian bloggers’ bill, requiring all digitally published content creators to reveal their names, addresses, and contact details on the Web site, make all content available for at least a year without the possibility of deletion, and comply with already tightened media laws in the country. The new bill is set to mainly target citizen journalism platforms, including bloggers.
More stories by Gürkan Özturan @ http://theradicaldemocrat.wordpress.com
More stories about Turkey @ http://99getsmart.com/category/turkey/