A timely update, for those interested in MR5's development: 1. As of 24 May, the Indonesian government has decided <https://kominfo.go.id/content/detail/34673/siaran-pers-no-182hmkominfo052021-tentang-lindungi-warga-di-ruang-digital-kominfo-terapkan-tiga-kebijakan/0/siaran_pers> "to extend the period of registration for PSE" until November 2021. 2. The Global Network Initiative, of which WMF is a member, issued a statement of concern <https://globalnetworkinitiative.org/mr5-indonesia/> back in June. 3. Today, Article 19 released a comprehensive legal analysis <https://www.article19.org/resources/indonesia-ministerial-regulation-5-will-exacerbate-freedom-of-expression-restrictions/> of MR5's provisions, recommending the government to immediately revoke it. 4. We are yet to see a detailed implementation plan for MR5 from the government.
Best, Ramzy On Fri, 21 May 2021 at 14:44, Ramzy Muliawan <[email protected]> wrote: > 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> > -- *Ramzy Muliawan **Q106762396* <https://www.wikidata.org/wiki/Q106762396> Pekanbaru, Riau, Indonesia <https://www.wikidata.org/wiki/Q106762396>
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