Hi everyone, [1] Human Rights Watch has sent a letter <https://www.hrw.org/news/2021/05/21/indonesia-suspend-revise-new-internet-regulation> asking Indonesian government to suspend the enforcement of MR 5/2020, in which the deadline for the PSEs to register with the Ministry would be next Monday, May 24th <https://www.cnnindonesia.com/teknologi/20210521131950-185-645261/facebook-tiktok-tak-daftar-ke-kominfo-24-mei-akan-diblokir> .
To answer your question, Dimi: SAFENet has recommended the Indonesian Parliament <https://twitter.com/safenetvoice/status/1395586406983081984> to pass the now-stalled Data Privacy Law <https://www.ssek.com/blog/indonesia-data-protection-laws-and-regulations-processing-personal-data>; although I personally did not see that happening in the current parliamentary term and I am not really sure how even with the legislation's passage we could prevent a mass block of PSEs by the government after next Monday's deadline. I have not seen any digital rights group preparing or planning for an immediate reaction. --- [1] dwf² <https://meta.wikimedia.org/wiki/User:David_Wadie_Fisher-Freberg> on my personal account here. On Mon, 22 Mar 2021 at 17:28, Dimitar Parvanov Dimitrov < [email protected]> wrote: > Hi David, > > Thanks for explaining this. I sometimes struggle to filter out the > activist noise in EFF articles. > > As you seem quite knowledgeable with the national situation and the > activities of other groups on digital rights, do you have actions in mind > that would make sense for us? And how can we, as a global community, help > you? > > In Europe we'd basically analyse the law, draft amendments (if it is > "fixable") and reach out to policy makers, other stakeholders plus the > media. But not sure what actions could make sense in Indonesia. > > Cheers, > Dimi > > > > На пт, 19.03.2021 г. в 12:06 ч. DW Fisher-Freberg < > [email protected]> написа: > >> Hi Dimitar, >> >> Thank you for your reply. Ministerial Regulation No. 5/2020 repealed two >> existing regulations: >> >> - The Ministerial Regulation on "Supervision of Internet Sites with >> Negative Contents" (No. 19/2014) >> >> <https://jdih.kominfo.go.id/produk_hukum/view/id/215/t/peraturan+menteri+komunikasi+dan+informatika+nomor+19+tahun+2014+tanggal+17+juli+2014>: >> primarily oriented towards sites containing contents of child pornography, >> incitement of violence, and two vaguely-worded standings: "ethnicity, >> religion, race, and other groups" and "other illegal activities based >> on the provisions of laws and regulations". It allowed ISPs to block >> contents on those two sites under two-mechanisms: self-block or using >> third-party "blocking services". >> >> >> - The Ministerial Regulation on "Electronic System Operator >> Registration Procedures" (No. 36/2014) >> >> <https://jdih.kominfo.go.id/produk_hukum/view/id/235/t/peraturan+menteri+komunikasi+dan+informatika+nomor+36+tahun+2014+tanggal+30+september+2014>: >> specified what kind of Internet provider that has to register with the >> government. Under this one, it was *mandatory* to register for >> "providers of Internet services for public necessities" (which covered >> government agencies, state-owned corporations, and courts), but it was >> *optional* for those *not* providing Internet services for public >> necessities, which are the commercial, non-profit, and/or UGC Internet >> enterprises. There was no specified mechanism for IP unmasking or any >> other >> form of online identity unmasking in this regulation. Therefore, Wikimedia >> project sites were never subject to any kind of registration to the >> government under this regulation >> >> MR No. 5/2020 expanded the mandatory registration for *all* providers of >> Internet services and enterprises (public or private, providing services >> for public necessities or not, registered in Indonesia or in abroad, UGC or >> not) with the government, and introduced a whole new set of mechanism that >> would inevitably force them to share the online identity of their users >> upon request of the government, law enforcement agencies, and/or the court >> *without >> *having to establish any form of reasonable suspicion. No court order is >> needed for the request to be executed, nor any form of appeal are provided >> to challenge the legality of such request. There is no reason why the >> government includes UGC sites, either. Reasons to request an unmasking of >> users identity including terrorism, child pornography, gambling, and two >> vaguely-worded reasons: "content which is prohibited under its >> authority" and "content that disrupts public order". >> >> There is *no* explicit threat of criminal or civil punishment if a PSE >> under MR 5/2020 refuses to register; but refusal to cooperate with the >> government, law enforcement agencies, and/or the court upon a request of >> user identity unmasking may subject to written warning, temporary or >> permanent block of access to the site, de-registration of the PSE, and up 2 >> to 5 years of imprisonment. >> >> I could imagine a request to unmask the identity of a registered user at >> a Wikimedia project which had contributed or edited an article that was >> viewed as contrary to the government's official narrative of an event or >> subject to increasing public controversy. Such requests would inevitably go >> to the CheckUser, which is subject to the said penalties if they refuse to >> cooperate. That being said, the Indonesian affiliate of Wikimedia and >> sysops of Indonesia's Wikimedia projects are the ones with the greatest >> exposure to criminal charges under this regulation; adding more burden to >> their already vulnerable positions due to an incident that happened as >> recently as June 2020, when users and sysops of Indonesian Wikipedia are >> doxxed >> and cyber attacked >> <https://wikimedia.or.id/pers/wikipedia-dan-topik-kontroversial-netralitas-dalam-urun-daya-pengetahuan-di-wikipedia/> >> for historical articles that do not present the government-friendly >> narrative >> <https://inet.detik.com/cyberlife/d-5039752/ramai-ramai-boikotwikipedia-gara-gara-artikel-pki> >> [id]. >> >> On the question of what event triggered MR No. 5/2020: a combination of >> political >> and security situation >> <https://www.thejakartapost.com/news/2020/06/03/internet-ban-during-antiracism-unrest-in-papua-deemed-illegal.html>, >> social situation >> <https://www.thejakartapost.com/news/2020/10/26/growing-fear-of-speaking-out-survey-finds-indonesias-civil-liberties-under-threat.html>, >> and other issues >> <https://carnegieendowment.org/2020/11/17/indonesia-s-shrinking-civic-space-for-protests-and-digital-activism-pub-83250>; >> as well the increasingly illiberal and anti-open Internet digital >> policies >> <https://www.tandfonline.com/doi/pdf/10.1080/00074918.2020.1846482> >> [pdf] of the current administration. For better understanding, please find >> SAFEnet's full report on the state of digital rights in Indonesia here >> <https://safenet.or.id/2020/10/digital-rights-situation-report-indonesia-2019-the-rise-of-digital-authoritarian/> >> . >> >> *David W. Fisher-Freberg* >> meta <https://meta.wikimedia.org/wiki/User:David_Wadie_Fisher-Freberg> >> id.wp <https://id.wikipedia.org/wiki/Pengguna:David_Wadie_Fisher-Freberg> >> min.wp >> <https://min.wikipedia.org/wiki/Pangguno:David_Wadie_Fisher-Freberg> >> commons >> <https://commons.wikimedia.org/wiki/User:David_Wadie_Fisher-Freberg> >> >> >> On Fri, Mar 19, 2021 at 12:51 PM Dimitar Parvanov Dimitrov < >> [email protected]> wrote: >> >>> Hi David, >>> >>> Thank you for reaching out to the list and I hope we can help. I >>> definitely think we should put our heads together on this! >>> >>> One thing that I am struggling to understand is the following: "unmask >>> IP addresses of websites that are user-generated". What is the current >>> system? Who and under which circumstances can unmask IP addresses right >>> now? Why would it in this case only target user-generated sites and not all >>> sites hosting (allegedly) illegal activities? >>> >>> Generally there are two strategies: Either you try to stop the entire >>> law/paragraph or to get an exception for what you care. Stopping a >>> paragraph could also mean replacing it with something else. >>> >>> Has there been some concrete event that triggered the Ministry to move >>> in this direction? >>> >>> Thank you again and sorry for asking more questions right now than I >>> have answers for you! >>> >>> Cheers, >>> Dimi >>> >>> На сб, 13.03.2021 г. в 4:52 ч. DW Fisher-Freberg < >>> [email protected]> написа: >>> >>>> Hello everyone, >>>> >>>> In November 2020, Indonesian Ministry of ICT passed a new regulation >>>> (Permenkominfo >>>> 5/2020 >>>> <https://jdih.kominfo.go.id/produk_hukum/view/id/759/t/peraturan+menteri+komunikasi+dan+informatika+nomor+5+tahun+2020>) >>>> on "Private Electronic System''. Among others, the regulation would allow >>>> the government to force ISPs and basically any web operator to unmask IP >>>> addresses of websites that are user-generated for a very broad set of >>>> reasons, including but not limited to "inflammatory contents" and "public >>>> disorder". The Electronic Frontier Foundation has discussed this new >>>> regulation at length here >>>> <https://www.eff.org/deeplinks/2021/02/indonesias-proposed-online-intermediary-regulation-may-be-most-repressive-yet> >>>> . >>>> >>>> At Indonesian Wikipedia village pump >>>> <https://id.wikipedia.org/wiki/Wikipedia:Warung_Kopi_(Kebijakan)#Permenkominfo_No._5/2020>, >>>> we concluded that this regulation will invariably make Wikimedia projects >>>> and affiliates in Indonesia subject to it. We are very concerned about the >>>> possibility of a broad interpretation of this regulation by the government >>>> and its effect on Wikimedia projects here, especially observing the >>>> increasingly >>>> illiberal attitude >>>> <https://www.thejakartapost.com/news/2019/11/07/from-buzzers-to-prosecutions-indonesias-internet-freedom-under-threat.html> >>>> of the current government on Internet and data policy. >>>> >>>> We would very much welcome suggestions, warning tales, and/or practical >>>> experiences that we could learn in anticipating this regulation's incoming >>>> enforcement. >>>> >>>> Best, >>>> >>>> *David W. Fisher-Freberg* >>>> meta <https://meta.wikimedia.org/wiki/User:David_Wadie_Fisher-Freberg> >>>> id.wp >>>> <https://id.wikipedia.org/wiki/Pengguna:David_Wadie_Fisher-Freberg> >>>> min.wp >>>> <https://min.wikipedia.org/wiki/Pangguno:David_Wadie_Fisher-Freberg> >>>> commons >>>> <https://commons.wikimedia.org/wiki/User:David_Wadie_Fisher-Freberg> >>>> _______________________________________________ >>>> Publicpolicy mailing list >>>> [email protected] >>>> https://lists.wikimedia.org/mailman/listinfo/publicpolicy >>>> >>> _______________________________________________ >>> Publicpolicy mailing list >>> [email protected] >>> https://lists.wikimedia.org/mailman/listinfo/publicpolicy >>> >> _______________________________________________ >> Publicpolicy mailing list >> [email protected] >> https://lists.wikimedia.org/mailman/listinfo/publicpolicy >> > _______________________________________________ > Publicpolicy mailing list > [email protected] > https://lists.wikimedia.org/mailman/listinfo/publicpolicy > -- *Ramzy Muliawan **Q106762396* <https://www.wikidata.org/wiki/Q106762396> Pekanbaru, Riau, Indonesia <https://www.wikidata.org/wiki/Q106762396>
_______________________________________________ Publicpolicy mailing list -- [email protected] To unsubscribe send an email to [email protected]
