By Yidnek Haile | July 15, 2012
Whose Internet?
Information and Communication Technologies
(ICTs), particularly the Internet, have dramatically revolutionized our
world. It has significantly changed the way we produce, distribute, manage,
govern, entertain, socialize, learn, judge, etc. These drastic positive
impacts of ICTs on our life are mainly attributed to the sharing and application
of information and knowledge in an effective and efficient way; with
responsibility. The role of innovative technologies, such as broadband and
mobile phones, is particularly significant in converging
the need for different media channels to manage data and information in
different formats; including voice and video. Apart from the standardizing
bodies, such as the Internet Engineering Task Force (IETF), the
Internet is owned by no one; of course everyone. Whosever, abuses
these resources; or uses them in an irresponsible manner; be it a service
provider, a user, or a regulator; will not be saved from being accountable for
trying to stop the globe from spinning.
What is going on there?
The International Telecommunication Union
(ITU) report of 2010 reveals that Ethiopia has the fourth lowest internet users
in the world; next to Liberia, Timor-Leste and DR Congo. This is regardless of
the claim that the nation is investing 10% of its total annual budget on ICTs. So
what is wrong? Lack of infrastructure? Lack of skills? Lack of awareness? Or because of some other reasons? Well, all may contribute
their part; but censorship and information monopoly seem the main threat in the
Ethiopia context. This is evident from the fact that Ethiopia is the sole
nation among its all African neighbors to censor the internet substantially;
and to monopolize all information related services in Africa along with Comoros
and Djibouti. The sole telecom service provider, the Ethiopian
Telecommunication Corporation/Ethio Telecom, not only
monopolizes all kinds of telecom related services ranging from selling calling
cards to installing infrastructures; but also spies, filters, blocks, jams and
intercepts information exchange; in collaboration with Information Network
Security Agency (INSA) via the nation’s sole gateway; and uses those
evidences to criminalize the targeted individuals. It is not uncommon to see
that under cover government security staffs are often allocated to internet
cafes to monitor citizens’ browsing behavior. This not only restricts
citizens from browsing independent international media such as human right
advocates’ sites; but also puts a considerable psychological pressure on
users not to be charged with the controversial “anti-terror” law;
even for an ordinary use, such as sending government critical emails and
instant messaging.
Reports on the
current situations in Ethiopia reveal that the repression is even getting
worse. Influx of prisoners of conscience professionals from every sector has
been fleeing the nation since there is no room to exercise their profession. In the past decade, more journalists have
fled the nation than any other countries; and those determined to face the risk
or unable to escape have been charged with the new controversial
“Anti-terrorism law”. In the last week, for example, the Pen
America’s “Freedom to write” award winner Journalist Eskinder Nega; UDJ’s
opposition leader Andualem Arage;
along with 22 others have been found guilty of having link with the opposition group,
Ginbot Seven, and conspiring to carry out terrorist
attacks and incite “Arab Spring style” violence in the country. Ginbot Seven is a US-based Ethiopian opposition group led
by Dr. Berhanu Nega, who
was elected as a Mayer of Addis Ababa, protested the election fraud in the rest
of the country in 2005 and jailed with other prominent leaders and members. The
group is considered as a terrorist organization side by side with Al-Shabaab and al-Qaeda by the Ethiopian parliament, which
has only 1 opposition member out of its 547 seats.
The nation’s
importation and readiness to install the sophisticated Deep Packet
Inspection (DPI) filtering tool to block targeted websites including TOR, and
for selective interception; the continuing jamming of TV and Radio
transmissions such as the Ethiopian Satellite Television (ESAT) and the Voice
of America radio; and the amendment of the telecommunication proclamation in
May, this year, has raised more concern on the freedom of expression in
Ethiopia.
Of course those ICTs staff who are
employed mainly because of their ethnic and political affiliation with the
regime; busy of banning their citizens from benefiting from information and
knowledge rather than offering a piece of solution; in return to their skills gained
at the expense of the poor who cannot eat three times a day; are responsible
for helping the authoritarian incarcerated their own people incommunicado. There
are evidences asserting that these employees are corrupt enough to tap
citizens’ telephone conversation; not only for institutions and officials;
but also for individuals at family level as far as they bribed them.
In the past couple of weeks, the
international media is flooded with reports about the Ethiopian
Telecommunication Proclamation which reportedly bans Skype and other Voice Over Internet (VOIP) services. But, is this proclamation the
first of its kind in Ethiopia? How and against whom had it been used? Why
amendment this time? Is there any indication of taking remedy action in
response to strong international criticism on the issue? Here is the evidence.
Articles related to Voice Over
Internet and call-back in the proclamation introduced in 1996 as Proclamation
No.49/1996 and amended in 2002 as Proclamation No.281/2002, state that:
Article 24(2):
The use of call-back service is prohibited.
Article 24(3): The use or provision of voice
communication or fax services through the Internet is prohibited.
A
punishment of 3 to 5 years rigorous imprisonment and a fine equal to double
revenue estimated to have been earned will follows for the
“offences”.
The new proclamation, amended a month ago
“for national security reason” includes the following
articles:
Whosever:
1/ uses
or causes the use of any telecommunications network or apparatus to disseminate
any terrorizing message connected with a crime punishable under the
Anti-terrorism Proclamation No. 652/2009 or obscene massage punishable under
the Criminal Code; or
Whosever uses or holds any telecommunication an equipment
without obtaining prior permit from the ministry commits an offense and shall,
unless it entails a more severe penalty under any other law, be punishable with
rigorous imprisonment from 1 to 4 years and with fine from Birr 10,000 to
40,000 (These
two articles are quoted from a report from CPJ).
Article 10(3) – Whosoever provides
Telephone call or fax services through the internet commits an offence and
shall be punishable with rigorous imprisonment from 3 to 8 years and with fine
equal to five times the revenue estimated to have been earned by him during the
period of time he provided the service.
Article 10(4) – Whosoever intentionally or by
negligence obtains the service stipulated under sub-article (3) of this article
commits an offence and shall be punishable with imprisonment from 3 months to 3
years and with fine from Birr 2,500 to Birr
20,000.
Any “illegal”
phone calling may result in a prosecution of up to 15 years imprisonment and a
fine. “Illegal” may include the use of any other alternatives on
the internet other than those provided by the sole provider.
It may not be so surprising
that a nation to have such laws in place “for national security
reason” or to protect its government owned sole telecom service provider.
What makes it so outrageous is that whom the law is
intended for; and how it is being used as a weapon for repression and corruption.
There are few hundred Internet
Cafes and Telecenters in the capital Addis Ababa and
in the regional cities. Most of them provide internet connection service to the
public. They pay thousands of Birr per month to the sole provider for the very
slow (i.e., practically about 96Kbps for the alleged 512Kbps ADSL broadband),
and unreliable internet connection. The owners of some of the internet cafes who are either members of the current ethnic based
ruling regime, or having some connection with trusted officials of the regime, provide
Internet based telephony and other Voice Over Internet services such as Skype
and Google Talk in addition to internet connection service. However,
individuals perceived to be threat for the regime, non supporters of the regime
or linked to some other groups such as opposition parties and government
critics are often criminalized and persecuted for bypassing the aforementioned
law.
In April 2010, for example, 22
individuals working in ICTs and Communication related microenterprises,
including myself, were charged with Article 24(3), mentioned above; and their
properties were confiscated. According to the charge, evidences used to
prosecute these individuals include, head phones and microphones, telephone
handle, Central Processing Unit (CPU) which of course every computer should
have to function properly, soft applications such as Skype and Soft Phones,
Laptops with voice applications, CDs with voice supporting applications, etc.,
found in their premises during the raid; and witnesses from the Ethio Telecom itself and from the under-cover security who
ascertain that the defendants used or showed others to use such services and
such equipments were found in their premises. In addition to the jail term, a
fine of double of an estimate of 5 Birr per minute calculated for the duration
of the time since a voice application is assumed to be installed in the
user’s computer is demanded from each defendant. Note that this is
regardless of the fact that the voice application might had been installed a
decade ago; as most users often buy second hand computers imported or donated
from developed countries and the user might even not recognize whether a voice
application is installed to her computer.
In December 2010, the Federal
Ethics and Anti-corruption Commission (FEAC), which itself is criticized for
corruption and bias, reportedly charged 15 individuals with running illegal
international phone calling businesses. But, none of the highly corrupt
officials from the government offices running the business indirectly are
included in the charge. As usual, some other low profile individuals are made
to pay the price on their behalf. For example, Nebiat,
the former ETC worker, was charged for setting up voice software and receiving
400 ETB (£14).
What is the solution?
The Minister of
State in the Government Communication Affairs Office (GCAO), Ato Shimelis Kemal, recently,
denied the allegation that Ethiopia criminalizes Skype and other internet
related Voice Over Interneet
(VOIP) services. He said the law is only at a draft stage and it is intended to
restrict unlicensed service providers who use internet to provide telephone
services. According to media outlets from Ethiopia, the Minister goes on to
state that there were no reports of prosecution with the 2002 legislation. We
wish if this wouldn’t happen and the authorities think that the
“draft” proclamation will not come to force. However, the deputy’s
statements contradicts not only with the articles in the law, stated above, and
the widely available evidences; but also with the statements from his own
Minister, the Minister of the Ministry of Foreign Affairs of Ethiopia, Bereket Simon, who argues that his government is intent on
blocking all VOIP services sometime soon since freely available technologies
such as Skype and Google Talk are highly hurting the revenue of Ethio Telecom, the sole provider. Part of the proclamation
claims that it intends to restrict unlicensed users. There is no evidence that
The Ethiopian Telecommunication Agency (ETA) ever issued a license on services
related to VOIP; it only issues license for Ethio
Telecom related services; so how to be licensed for VOIP services? Or it is only a crime? Isn’t ETA,
which takes years to approve simple equipments such as GPS tracking devices and
new mobile devices before they are used in Ethiopia?
It is highly arguable that the revenue of
the state owned sole provider, Ethio Telecom, has
been highly hurt by freely available Voice Over
Internet; where only 0.4% of the 82 million population is using internet. Even
if that was the case, it shouldn’t be at the cost of freedom of
information. It would be even better to charge and collect tariffs for freely
available services rather than incarcerating citizens in incommunicado, if the
concern is really revenue. Information and knowledge are power; informed
society knows how to generate its own revenue; knows how to choose. Please,
don’t hold us in a dark. Let us speak, let us share, and let us choose.
Don’t repress us, don’t deprive what
globalization offered us. Don’t try to stop the globe from spinning.
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