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After the censorship case that was discovered last week, I went back to the text of the law 09-04 combating cybercrime. The law was made official on the 5th August 2009. The text of the law makes for some worrying reading and grants unprecedented powers to the state, unprecedented even in other countries. Multi national search engines providers such as Microsoft and Google may fall foul of the law if they operate in Algeria (MS does, Google owns the domain but does not have a subsidiary there yet). Most worryingly, the law literally permits the state to spy and hack onto websites that it deems in breach of its vague cybercrime definitions without prior consent from a competent judge in some cases. However, the text of the law does not, to my knowledge, grant the state the power to censor any website that it wishes without permission from a judge.

Search engine providers and ISPs fall under the definition given in article 1 D: “Any entity that processes or stores computer data [that is in breach of the law]”.  This applies to Microsoft, Google and other engines that store offending website caches and provide search engine results.

Articles 3, 4 and 7 give the state powers to eavesdrop and censor Internet content and detail cases when that is required, but the articles are explicit in that eavesdropping and censorship are only permissible with a renewable 6 month mandate by a competent judge. It is not clear how the Rachad website was censored.  The Rachad movement is not very famous in Algeria, and some of its leaders are quite unpopular being former FIS members. Its mission is the “peaceful overthrow of this illegitimate government” but I have a hard time believing that Algerians will flock to them en masse. It is a pity how a group of activists in exile with a website and a YouTube channel can easily be regarded as a “threat to national security”. The state is effectively giving publicity and recognition to the movement by this act.

I could not find any judicial decision that declared the Rachad movement a threat. There was a case in April 2009 where a man was sentenced to 18 months in prison for writing “threatening content” on Rachad’s Internet Forums (The case was dealt with before the introduction of this law).

Article 5 is worrying. It grants the state the power to remotely hack and spy onto computer systems if required by a judge, but other websites and systems can be hacked into “quickly” if they are “connected” to the offending website. In effect, this grants the state the power to hack into any website in Algeria. The text of the law is explicit in that a judge should seek cooperation by other countries for websites that are hosted outside Algeria, but any website should remain vigilant just in case. I hope the irony of a law that forbids cybercrime for citizens and effectively legitimises it for the state is not lost here.

Articles 10 and 11 require  “Internet providers” to store all communications and identifying information for a minimum of a year. The text of the law and the definitions given in article 2 give the impression that this applies to Internet café owners. Internet Cafés are the main venue for Internet users in Algeria, with some statistics putting the number of Internet cafés at 30000.

Article 13 and 14 introduce a new body for combating cybercrime, presumably this is the body that enforces censorship. The text of the law is not clear as to the nature of this body, what department it is under and what are its specific powers.

This whole law is in clear breach of several citizen rights as given in the constitution, including article 36 (explicit freedom of expression), article 39 (explicit right to privacy) and article 41 (freedom of assembly and speech). There is a state of emergency in force since 1992, so in practice the state can offend any of these rights willy-nilly with or without the new law.

Finally, please read and sign the Anti Censorship Petition if you are worried about these developments.

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Commentary and views of an Algerian about the Middle East and Algeria, Democracy and Human Rights, Islam and Reform, as well as whatever pair of topics the author wishes to write about.

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April 2017
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