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ConclusionsThe media are often described as the public “watchdog”or even as the “fourth estate”. The power ofthe media to influence public opinion makes theman attractive target for illegitimate control. Governmentsoften seek to transform the media fromwatchdog to lapdog. New media are part of the informationsociety and offer a huge opportunity toconsolidate democracy and to promote development.The government should not consider newmedia a challenge but rather an opportunity.Despite de jure and Jordanian constitutionalguarantees of freedom of expression and protectingcitizens’ privacy, several de facto laws remainon the books. It seems that what the constitutiongives with one hand, the government takes with theother, contrary to the positive obligations placed onthe state to guarantee freedom of opinion and ofthe media.Jordan reacted to the potential of new technology,especially seen during the Arab Spring, by usingtechnology to trace the online activities of citizensand control the flow of information. Collecting datais not limited to those suspected of criminal wrongdoing,but extends to all citizens.The government also uses laws to punishactivists when they criticise it or top officials.Physical harassment and cyber attacks againstbloggers and staff of online news websites hamperactivists from expressing their views freely.Excessive sanctions exert a chilling effect on freedomof expression, which violates the principle ofproportionality.Action stepsIn emerging democracies, introducing good lawsis the first step to promote independent, pluralisticand professional media as a fundamentalinfrastructure of good governance. It is time to takeinto consideration the following steps in Jordan:• Jordan should respect its international obligations,especially Article 19 of the ICCPR and itsinterpretation.• Government interference may be legitimate inexceptional cases if a “pressing social need”overrides others’ privacy to protect national securityor prevent a crime. The government has toprove the legality of interference before a designatedcourt to get permission to collect privateinformation.• Jordanian media laws need major surgery andcomprehensive review; criminal law rules affectingfreedom of expression, including lawsprotecting national security, should be clearlydefined.• The Regulations Governing Internet Cafés needto be abolished, as they broadly limit access toinformation without pressing social need.• The Cyber Crimes Law must be amended to meetinternational standards in striking a fair balancebetween respecting freedom of information andpenalties for abuse.• Jordan should withdraw the need to licensewebsites with the government, as it is unreasonableand restricts an individual’s access tothe internet.• Jordan should pass a data protection act to fillthe existing gap in protecting citizens’ privacy.kenyaIs surveillance a panacea to Kenya’s security threats?Kenya ICT Action Network (KICTANet)Victor Kapiyo and Grace Githaigawww.kictanet.or.keIntroductionKenya is located in East Africa and has an estimatedpopulation of over 43 million people. 1 The countryhas, according to recent estimates, 31.3 million mobilesubscribers and 19.1 million internet users. 2Despite the country’s relative peace, Kenya hassince 1975 fallen victim to a number of sporadic terroristattacks. And, since the 2011 Kenya DefenceForces (KDF) incursion in Somalia, 3 terrorist attacksin retaliation by groups such as Al Shabaab haveincreased, taking the form of grenade attacks orindiscriminate shooting, with the most recent incidentsbeing the Westgate Mall siege, 4 the Gikombagrenade attack, 5 and the Mpeketoni massacre. 6These incidents have raised public concern over Kenya’spreparedness to combat terrorism.In 2010, the country adopted a new constitution,which provides an expansive bill of rights, including,among others, privacy rights. However, the countrystill lacks dedicated privacy legislation following thestate’s repeated failure to adopt the Data ProtectionBill 2013. 7 In 2012, parliament passed the much-criticisedPrevention of Terrorism Act, 8 which providesthe legal framework for counter-terrorism activities.1 data.worldbank.org/country/kenya2 The Kenya National ICT Masterplan 2013-2017, p. 16. https://www.kenet.or.ke/sites/default/files/Final%20ICT%20Masterplan%20Apr%202014.pdf3 The Kenya Defence Forces incursion into Somalia sought to quellthe Al Qaeda-linked Al Shabaab militant group under Operation“Linda Nchi” (Protect Country).4 This occurred in September 2013, resulting in the death of 67people and the wounding of 175 people. Westgate Shopping Mallattack. en.wikipedia.org/wiki/Westgate_shopping_mall_attack5 May 2014, resulting in the death of 10 people and the wounding of70 people. Samwel, O. (2014, May 17). 10 killed and 71 injured inGikomba terror attack. The People. www.mediamaxnetwork.co.ke/thepeople/76951/ten-killed-71-injured-gikomba-terror-attack6 June 2014, resulting in the death of 60 people. Ongiri, I.,& Namunane, B. (2014, June 17). Uhuru blames massacreon tribalism, hate politics. Daily Nation. www.nation.co.ke/news/Uhuru-blames-massacre-on-tribalism--hatepolitics/-/1056/2352306/-/wyy1laz/-/index.html7 www.cickenya.org/index.php/component/k2/item/download/299_b3de9506b20338b03674eacd497a6f3a8 kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/PreventionofTerrorism_No30of2012_.docThis report seeks to assess the implications ofthe government’s response to terrorism through itsproposal to introduce and adopt surveillance technologyin major towns as a measure to avert futureterror attacks.Policy and political backgroundIn its manifesto, 9 the Jubilee Government, electedin March 2013, proposed the use of CCTV camerasin fighting crime and a “buy Kenyan” procurementpolicy as solutions to Kenya’s security problems.In this regard, in May 2014 it contracted SafaricomLimited 10 to build the Integrated Public Safety Communicationand Surveillance System (IPSCSS) tohelp security forces fight crime. 11Opinion is divided – including in discussionson KICTANet 12 – on the appropriate ICT solutionsto deal with the country’s rising security problems.Some support the introduction of a Command,Control, Communications, Computers, Intelligence,Surveillance and Reconnaissance (C4ISR)system, such as has been implemented in the USand Israel. 13However, some feel that technology alone is insufficientto counter terrorism. 14 They argue that thegovernment should sort out the basics and investin police reforms, attitude and behaviour change,police communication, police coordination andresponse to crime, anti-corruption measures, forensics,and effective prosecution of cases.The project proposed by the Jubilee Governmenthas been criticised as a continuation of thenow well-established government approach ofunsuccessfully throwing technology at problemswithout a corresponding re-organisation of bureau-9 Jubilee Coalition. (2013). Transforming Kenya: Securing Kenya’sProsperity, 2013-2017. issuu.com/jubileemanifesto/docs/jubilee_manifesto/310 The leading mobile telecommunication network operator in Kenya.www.safaricom.co.ke11 PSCU. (2014, May 14). Integrated communication, surveillancesystem to boost security. Capital FM.www.capitalfm.co.ke/business/2014/05/integratedcommunication-surveillance-system-to-boost-security12 Online discussion on Security Situation in Kenya. www.kictanet.or.ke/?p=2003013 Ibid., Gichuki John Chuksjonia via KICTANet.14 Ibid., John Walubengo via KICTANet.154 / Global Information Society Watch kenya / 155