If there is one thing that has captivated social media users in Pakistan these days, it is the audio recordings purportedly of high-ranking politicians in what is playing out as a series of dramatic leaks from confidential conversations that are believed to have altered the course of major political happenings over the past six months in the country.
With the removal of Pakistan Tehreek-e-Insaf (PTI) Chief Imran Khan from the Prime Minister’s Office through a late-night no-confidence motion in April once again taking centre stage, supporters of the PTI and defenders of the coalition government, let alone leaders, haven’t been short on material circulating widely on online platforms to bolster their accusations of conspiracy and wrongdoing against one another.
Besides shaking the PM Office, heating up debate around Khan’s “foreign conspiracy” claims following his ouster, and prompting a high-level investigation into the critical breach, the continuing audio leaks controversy has also cast serious concerns on the lack of security around official government meetings, the legality of important and sensitive conversations being recorded, and the actors behind their wide-scale release on social media.
Spy gear — availability and affordability
The controversial leaks, however, have also opened discussions on how the exclusivity and novelty to spyware and surveillance devices has worn off with increasing access to digital resources and technological advancements. A cursory look at the gadgets advertised on online shopping platforms shows how conveniently one can get their hands on snooping equipment – flash drives, glasses, keychains, pens, watches and other gadgets with built-in audio and video recorders – starting from as low as Rs2,000. These devices can not only be used to violate an individual’s privacy big time, but may also lead to damages that are impossible to reverse.
Harris*, a computer science graduate from Karachi, shared with Digital Rights Monitor (DRM) his experience with spy gadgets he ordered online. In 2019, he bought a pair of glasses with a built-in camera from a popular online shopping portal “out of curiosity”.
“The gadgets looked very efficient in the photos on the website,” said Harris. “However, when I received my order the glasses turned out too large for my face, didn’t fit correctly, and were all too obvious for anyone who took a closer look at the hinges of the frame.”
Harris spent nearly Rs4,000 on the gadget but, according to him, the camera quality was “awful” and the audio feature was missing. Another major drawback of the device was that it had to be turned on and off with the help of buttons located on the hinges, which, he said, was impossible without being noticed.
“The videos turned out very dark, and what was the point of the gadget if you eventually had to turn on the flash?” said Harris. “The video looked as though it had been taken with one of those old feature phones that came with extremely low-resolution cameras. To be honest, the device was pretty useless, and could easily get you caught.”
Adil*, on the other hand, ordered a charger online that cost him a little over Rs5,000, but this device too had issues with the audio and resolution.
“It hardly lasted a month before blowing up while plugged in,” Adil told DRM. “The majority of these snooping devices are a waste of money, unless they are really expensive. The affordable ones mostly lack key features or stop working fairly quickly. They are more toys than spy gadgets, but the expensive ones do work.”
Adil said the USB audio recorder he bought later performed “surprisingly well”.
Mobile phones too can be turned into surveillance devices with covert bugging software that show no outward signs of installation. These applications (names withheld) contain an IP address which, when shared with a device, can enable access to its files from anywhere. WiFi networks that are not secured can also be used to gain access to data on a device. Signs such as sudden battery drain, strange notifications and sounds during a call, unusually high data usage, and the installation of unknown apps on the device, must not be ignored.
Legal ramifications and relief
As for the audio leaks controversy, Usama Khawar, a lawyer based in Islamabad, said phone-tapping is illegal and unconstitutional under the Pakistani law.
“The Supreme Court of Pakistan declared, 25 yeas ago, in the case of Benazir Bhutto’s government’s dismissal, that phone-tapping violates three fundamental rights,” Khawar told DRM. “These fundamental rights secured by the Constitution of Pakistan include the right to privacy and dignity of a person (Article 14), the right to life (Article 9), and the right to freedom of speech (Article 19).”
However, the Telegraph Act of 1885 does give powers to the government under narrow circumstances, such as “the occurrence of any public emergency, or, in the interest of the public safety” to intercept messages.
“The Investigation for Fair Trial Act, 2013 (IFTA) also allows covert electronic surveillance, but only in serious offences like terrorism, etc.,” added Khawar. “Under the IFTA, an elaborate procedure for obtaining a warrant of surveillance from a judge is required. Additionally, Section 54 of the Pakistan Telecommunication (Reorganisation) Act, 1996, also gives the federal government powers to intercept calls and messages or to trace calls ‘in the interest of national security or in the apprehension of any offence’.”
If illegal wiretapping is proven, it may lead to imprisonment of up to three years both under the IFTA and Telegraph Act. Under the Pakistan Telecommunication (Reorganisation) Act, the punishment may extend to three years in prison, or carry a maximum fine of Rs10 million.
Terming the IFTA the “most reasonable” law on surveillance under specific circumstances, Khawar said, “Wide powers of surveillance and interception of messages and calls allowed under Telegraph Act, 1885 and Pakistan Telecommunication (Reorganisation) Act, 1996, appear to be unconstitutional and inconsistent with the Supreme Court’s pronouncements. These broad laws need to be amended by legislation or struck down by courts.”
What it says about privacy
Hija Kamran, a digital rights expert from Karachi, believes what social media is witnessing in terms of leaked audio recordings of former or current government officials and lawmakers, points towards the prevailing trend of unconstitutional invasion of privacy in the country.
“The Constitution of Pakistan gives citizens the right to privacy not just within their homes but also online,” Kamran said while speaking to DRM. “However, the recent leaks highlight illegal surveillance as we have a lot of Supreme Court judgements setting precedents that interception of communication devices and communication itself is unconstitutional and illegal.”
She stressed the need to understand that government officials have the right to privacy too. “There is a special protocol in place that must be followed when it comes to conversations regarding national security. We see social media being increasingly used to serve rivalries and opposition and we need to look at the repercussions of these violations and the precedents they are setting for governments or for individuals who may repeat the same course of actions in future.”
If anything, the trend of confidential audio recordings surfacing online to widespread public and media scrutiny in the country only raises questions on the integrity of protocols that are put in place to safeguard such classified information. At the same time, it speaks volumes about the vulnerability of digital devices to critical breaches that have not only been enabled with affordable spy equipment, but easily accessible spyware on the internet as well.
*Names have been changed to protect privacy
