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that.” 19 Intelligence agencies have even set up phonecharging booths to collect phone numbers. “Whenyou charge your phone, you have to give them yournumber. There is evidence of intelligence agenciesusing phone credit stores to supply numbers to themilitary. Usually these are targeted at NGOs.”Papuan journalists and activists say surveillanceextends to other forms of communication. “Manytimes, I have received notification from Gmail thatsomeone tried to access my account,” said LatifahAnum Siregar, head of the Alliance for Democracyfor Papua (Aliansi Demokrasi untuk Papua). 20 “Ourwebsite adlp-papua.com has been hacked severaltimes. When that happens data is usually missing,files cannot be downloaded.”“In the past three years, our website tabloidjobi.comhas been hacked six times. We are alsoaware of surveillance on the internet,” said VictorMambor, head of the Alliance of Independent Journalistsin Papua. 21 “Our Twitter and Facebook arebeing monitored.” Journalists often receive callsand orders from the military asking them to handover tapes and other recordings, especially if theyare covering events relating to political dissent, likedemonstrations, Mambor said.Papuan activists interviewed for this reporthave also spoken of the practice of self-censorshipon social media sites over fears of being physicallyharmed by security forces. “Now I only trust faceto-facecommunication. I rarely use the telephoneto talk about sensitive issues.”Even without surveillance, Indonesia has demonstrateda position of not fully supporting freedomof expression on the internet. With a variety of anti-pornographic,anti-defamation and anti-rumourmongering laws, it already blocks content on theinternet. As suggested, this has been manifested inblocking content that discusses LGBT rights and contentthat provides alternative views on religion.The silencing of local voices from Papua is notlimited to strictly political expression. In March2014, a live video-cast of two Papuan tribesmenspeaking at a major environmental conference inthe United States was disrupted by an online attackon the site, which rights activists say came fromparties linked to the Indonesian government. 2219 Interview with an anonymous journalist on 23 May 2014.20 Interview with Latifah Anum Siregar, head of the Alliance forDemocracy for Papua, on 3 June 2014.21 Interview with Victor Mambor, head of the Alliance of IndependentJournalists in Papua, on 3 June 2014.22 Sloan, A. (2014, March 20). Indonesia suspected of hackingto silence abuse allegations. Index on Censorship. www.indexoncensorship.org/2014/03/indonesia-suspected-hackingsilence-abuse-allegationsOpportunities for reform?There are indications that a multi-pronged surveillancesystem, employing sophisticated softwareand taking advantage of weak legal protections forexpression, will mean that it will be even easier tosuppress freedom of expression on the internet inthe future.There are some potential opportunities thatcould be leveraged for reform. The Indonesiangovernment hosted the annual global Internet GovernanceForum (IGF) in Bali in 2013, which opens upa space for debate surrounding freedom of expressionon the internet. The timing of the IGF, directlyfollowing the Snowden revelations, raised the profileof surveillance at the forum.In the immediate future, whether this trendtowards openness continues will be influenced bywhich candidate wins the presidential elections inJuly 2014. The candidates for president, PrabowoSubianto and Joko Widodo, appear to maintainstarkly different positions on these issues. Prabowois taking a hard-line nationalistic stance that couldmean setbacks in terms of rights of expression,as he would appear to be less tolerant of dissent,while Jokowi, as he is known, is campaigning on aplatform of transparency.In the meantime, journalists and activists continueto tolerate limits to their freedom. “I acceptthis surveillance as the risk of my job. There is nothingwe can do except to accept this as part of oureveryday reality,” said Mambor. “People in Jakartamay have choices, but we, in Papua, don’t. Thereis only one internet provider and the service is notgood.”Siregar further echoes this sentiment, stating,“I tell my colleagues that our job is full of risks.Don’t expect that our name is not already recordedby the intelligence [agencies] and our picture anddata isn’t in their system already.”Action stepsBased on the current scenario, the following actionsteps are recommended for activists and journalists:• Be aware of the prevalence of surveillance, andtake protective measures when communicatingonline by using secure tools.• Make your colleagues and associates aware ofsurveillance; teach them to use secure methodsof communications.• Engage with freedom of expression activists locallyand internationally to leverage change inthis area.• Lobby governments for stronger legal protectionsaround freedom of expression.jamaicaResisting citizen data handover in Jamaica: The case of Digicel vs INDECOMThe University of the West IndiesHopeton Dunn and Allison Brownwww.mona.uwi.eduIntroductionA recent Supreme Court ruling in Jamaica prohibitinga state agency from gaining access to the telephonedata of Jamaican citizens touches on several of theinternational principles of human rights in relationto surveillance. In the case, Supreme Court judgeJustice Ingrid Mangatal ruled in June 2013 thattelecommunications provider Digicel was not compellableunder the law to provide customer data orsubscriber information to the investigative stateagency called the Independent Commission for Investigations(INDECOM). In this report we analysethe circumstances of this ruling and the implicationsregarding constitutional protections in Jamaica andthe Caribbean against unauthorised surveillance bygovernment of the personal data of citizens.BackgroundJamaica is a small independent, English-speakingcountry in the Caribbean. The most recent census in2011 tallied a population of just below 2.7 million. 1The country operates a bi-cameral parliament witha bill of rights and a constitution that emphasisesdemocracy and the rule of law.Jamaica’s GDP per capita was reported by thePlanning Institute of Jamaica in 2010 to be USD4,979. 2 Services such as tourism and informationand communications technologies (ICTs) remainkey contributors to GDP, with traditional productssuch as bauxite, sugar and bananas playing importantroles in employment and GDP output. Thecurrent National Development Plan, named Vision2030, targets developed country status by 2030.ICTs are a central aspect of the national developmentplan as they are seen as a growth industry intheir own right as well as a driver of economic andsocial development. A 2011 survey indicated that94% of the population were mobile phone users,16% of households had internet access, while 45%1 STATIN. (2012). Population Census Data. Kingston: STATIN.2 Planning Institute of Jamaica. (2012). Jamaica Country Assessment(Preliminary Draft). Kingston: PIOJ.of individuals used the internet from anywhere. 3These indicators would have moved upwards significantlysince that survey, particularly in the areaof mobile broadband usage. The cost of equipmentand services is the key hindrance to the growth ofthe online population in Jamaica.Policy contextThe telecommunications and ICT industry is mainlygoverned by the Telecommunications Act of 2000,which was amended in 2011. This is supplementedby other pieces of legislation such as the ElectronicTransactions Act of 2007 and the Cybercrimes Act of2010. Key legislation in relation to state surveillanceis applied in the Interception of Communications Actof 2002 (amended in 2011) while section 47 of theTelecommunications Act speaks to the protectionof customer data by telecommunications servicelicence holders. Jamaica’s Charter of Human Rights(2011) addresses the right of everyone to privacyof property and of communication. Despite longstandingcalls from civil society and the academiccommunity, a Data Protection Act is still in the consultationstage, now promised for introduction toparliament sometime in 2014. 4 This act would protectthe privacy of citizens’ personal data and wouldregulate the “collection, processing, keeping, useand disclosure” of such data. 5Basics of the caseAs we thematically consider the issue of communicationsurveillance in the digital age, the Jamaicancase of Digicel (Jamaica) Limited v The IndependentCommission of Investigations 6 is of special interest.The case touches on many of the international principlesof human rights in relation to surveillance.The matter arose from a request for informa-3 Dunn, H., Williams, R., Thomas, M., & Brown, A. (2011).The Caribbean ICT and Broadband Survey Jamaica. Mona:Telecommunication Policy and Management Programme,University of the West Indies.4 The Data Protection Act will possibly reflect model legislationdeveloped by the ITU-led Harmonization of ICT Policies, Legislationand Regulatory Procedures in the Caribbean (HIPCAR). www.itu.int/en/ITU-D/Projects/ITU-EC-ACP/HIPCAR/Pages/default.aspx5 Angus, G.L. (2014, June 11). Laws far advanced to modernize ICTsector. Jamaica Information Service. jis.gov.jm/laws-far-advancedmodernize-ict-sector6 [2013] JMSC Civ. 87.142 / Global Information Society Watch jamaica / 143