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Technical Overview of Online Safety Act

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Eng. Rohana Palliyaguru
Former Chief Operating Officer,
Sri Lanka Computer Emergency Readiness Team

In 2018, “EUROPOL” headquartered in Hague, Netherlands, a key organization established to prevent and combat serious internationally organized crimes, cybercrime and terrorism, had clearly defined the difference between cyber-dependent crimes and cyber-enabled crimes . As defined by them, any crime that can only be committed using computers, computer networks or other forms of information communication technology was named as cyber-dependent crimes and traditional crimes facilitated by the Internet and digital technology were categorized as cyber-enabled crimes. So, there are two categories of cybercrimes and these definitions are internally accepted.

Illicit intrusion and hacking into computer networks, disruption of computer functionality with the spread of viruses or other malware and Distributed Denial of Service (DDoS) attacks which can paralyze service delivery by computers are some examples for cyber-dependent crimes.

Some Cyber-enabled crimes are child sexual exploitation, fraud/scams,blackmail, extortion etc.

In the Sri Lankan context, Computer Crime Act No. 24 of 2007 has already provided necessary legislative provisions for tackling most of the cyber-dependent crimes.

Issues related to content such as defamation, harassment, misinformation, impersonation occur not only through online means but also through the use of other traditional means (electronic or print media). Hence, such things fall under cyber-enabled crimes. Sri Lanka has adequate laws to cobat such cyber-enabled traditional crimes. If not, the relevant legislation should be amended accordingly. It is not appropriate to make separate laws for such crimes considering only internet media, and doing so becomes very suspicious.

Hence, the objective of the Online Safety Act itself is problematic.

Also, naming the Act as Online Safety Act is also meaningless because its scope is very narrow. Otherwise it should be drafted in such a way to cover both types of cybercrimes mentioned above. But it is not so. Only provisions related to cyber-enabled crimes are mentioned in this act. These are often content related issues. Since the Act has given priority to regulating social media, I think it is appropriate to change its name to Social Media Regulation Act.

While drafting this Act, it appears that no inputs from information technology experts had been obtained as many of the provisions included are not practical. For example, provisions sought to be enforced through global Internet intermediaries are not enforceable because the Sri Lankan market is too small for them to bother about and we do not have the bargaining power necessary to ensure enforcement. This should have been pointed out by IT expert but that does not seem to have happened. If the global service providers decide to exit the Sri Lankan market due to those provisions, it will severely affect the country’s economy as well as social harmony.

This Online Security Act will have a huge impact on the freedom of expression of Sri Lankan citizens. The power to determine false/true statements and declare them as prohibited has been given to five people in a population of 21 million. These five who cannot be considered politically independent will be nominated and appointed by the President with the approval of the Constitutional Council. This will have a major impact on the independence and impartiality of the commission as the President is empowered to nominate politically biased loyalists at will. The power to remove them at any time has also been given to the President. Reasons for doing so has not bee specified in the Act itself. Affected members are only given an opportunity to state their case at a hearing and there is no appeal process.

As disqualification for appointment as a member of the commission, the Act mentions financial or other interest of such a member that may adversely impact the implementation of the commission’s functions. But there is no mention of required political independence of such members. It is essential that such a member cannot have a conflict of interest with Internet service providers, social network service providers, Internet intermediaries, but that is not mentioned here.

Although the Commission has been entrusted with wide powers and duties, there are many practical obstacles to carrying them out. It appears that the provisions have been included without adequate technical study or consultation. These practical problems will arise with implementation and the results will experience in the future.

The extent to which Internet Service Providers (ISPs) and Internet Intermediaries will comply with orders of the commission directly depends on the bargaining power we have as a country. We do not have the bargaining power of India, Japan or China. Our population of about 21 million is not a huge market that wields such influence. Also, global Internet intermediaries that provide various services have already introduced community standards to regulate the contents on their platforms which are currently in operation. Through that, they have also implemented a certain level of regulation in their platforms. It is unlikely that they will agree to carry out directives of a commission in a small country going beyond global community standards they have introduced.

ISPs only provide access to the Internet and are not concerned or responsible for its content or what users browse through the connection. It is therefore ludicrous to issue directives to the ISPs to provide opportunities to affected parties to respond to content deemed prohibited by a commission here. The ISPs have no control over such matters.

Persons making prohibited statements must be specifically identified before being notified to stop making such statements. Who is going to do that ? Also, in order to specifically identify a particular person it is essential to obtain privacy related data from the relevant social media service provider or Internet intermediary. Since every global service provider is obliged to protect the privacy of their users (via privacy policies), it is doubtful that they would override their privacy policies and provide that information to the commission.

The commission can issue notices to the Internet intermediaries to remove prohibited content from their online platform or block the content to users in Sri Lanka.But as I mentioned above, they will remove or block them only if the content is contrary to their policies. In such a case, the commission can only block the whole platform (eg: facebook) through Internet service providers in Sri Lanka. This is unfair to all users in Sri Lanka and as a result there is a danger that internet intermediaries may also withdraw from providing services to our country.

When internet intermediaries have the ability to automatically check whether some content violates their community standards through complex processes using modern technology such as artificial intelligence (AI algorithms), how far will they accept the recommendations made by the commission to remove prohibited statements?This should be thought of practically.

It has been proposed to maintain an online portal containing information to give the public an understanding of the falsity of a certain statement. This is funny because the public can get more information from lot of other independent sources and come to their own conclusions than referring to the information provided via this portal.

A team with expertise in information technology is required to carry out investigations that may be necessary for the execution of the Commission’s powers and duties. Who is going to do this? Does the Commission have a permanent internal investigation team?

It is not practical to register Global Internet Intermediaries in such a manner as may be specified by the rules made by this Act. We are a bankrupt country without enough market or bargaining power to enforce such provisions. Therefore, this provision should be reconsidered.

In order to specifically identify a person who has made a false statement, it is essential to obtain personally identifiable information (PII) from Internet intermediaries. How practical is this? As I mentioned above, will they provide the information requested by the Commission? Even if that is granted, how can the legal action be taken if the person is outside Sri Lanka? Will ISPs in overseas provide relevant data to the Commission for investigations?

Also, a fact that is true at one moment may be false at another. Even if a provocation or riot occurred on the basis of a truthful statement, it is also possible that the commission later defines it as a false statement because of the riots.

Disruption of a religious assembly by a true statement may later become a false statement because of the fact that the incident did not occur. For example, the Easter bomb attack may not happen because of a statement spread predicting it can happen on that day and disturbs religious gatherings. But since the bomb blast did not happen, later the above statement can be interpreted as a false statement justifying that it was made purposely to disturb the said religious meetings.

Outrage of religious feelings is a very sensitive matter and there should be a balance of freedom of expression and its limitations. One’s beliefs regarding a religion may be contrary to another’s and how should the right to express it be? For example, is it an insult to a religion and a false statement to declare that there is no one called God?

Cheating doesn’t just happen online. Other traditional methods are also widely used for that. Therefore, it is more appropriate to introduce a law that is common to all or to update an existing law rather than make legal provisions limited to online media.

Impersonating doesn’t just happen online either. This fraud can also be done by using fake documents. Therefore, the existing laws should have been updated to cover online methods as well.

The provisions of this Act regarding child abuse should have been made by updating other existing Acts such as the Child Protection Act, and not by highlighting them as an offenses due to the medium of the Internet. Online techniques are just one plaform through which child abuse occurs.

Although it is possible to obtain an order requiring disclosure of information relating tho those making statements using a fake online account or bot, as I have mentioned several times above, it is doubtful to what extent Internet intermediary service providers will cooperat due to their existing privacy policies. If there was an international law in this regard, this may have been easy.But we know from past experience that obtaining privacy related information through cyber security conventions is not practical.

This Act exempts ISPs from liability in case something is uploaded or interfered with by a third party. It is not necessary to say this because it is not their responsibility. As stated earlier, if those who drafted the Bill had recognized the role of Internet service providers, such a provision would not have been provided.

Global Internet Intermediary Service Providers will not take action on content unless it violates existing community standards. It is also unlikely that they will appear in our courts to resolve content related issues.

I feel that it is required to re-think whether those global Internet intermediaries agree to the various conditions stipulated in Section 29 of the Act. Internet intermediary service providers are well aware that fake online accounts and organized counterfeiting occur through their platforms. But, they have not taken drastic measures to ban them completely, often to protect freedom of expression and individual identity. They also do not hesitate to cancel such accounts if they violate their community standards. It is unlikely that they will implement the Commission’s directives to ban fake accounts.

Finally, it must be mentioned that this is not an Act introduced with the broad objective of creating security online, but one aimed at controlling content on the Internet. In the future, we can experience the impact of this on the freedom of expression of the people as well as the economy and social activism.



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Features

Politics of Enforced Disappearances in Sri Lanka

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Image courtesy UNHRC

In 2016, I participated in research focused on gathering information about reconciliation mechanisms in post-war Sri Lanka. During one of the interviews, a Tamil mother, from the Eastern part of the country, broke into tears as she shared her story. Her son had disappeared, and, according to some of the neighbours, he was apparently abducted by a paramilitary group. Her story goes as follows: After hearing the news, she began searching for her son and went to the police station to file a case. However, police refused to file the case and directed her to a military camp. In the military camp, she was directed to an officer, who took her to a room with scattered flesh and blood stains. Then the officer, pointing to the room has told the lady that, ‘This is your son’.

In another instance, in the same year, while we were working in Kurunegala, an elderly mother, wearing a white saree, approached us and shared her story. She held a stained envelope, and when she carefully took out a piece of paper, related to her son, she broke into tears. She handled the paper with such tenderness, as though it were a part of her son himself. Her son was abducted by a para military group in 1989 and never returned.

These two stories have remained deeply etched in my mind for several years, leaving a lasting impact. Now, with the release of the Batalanda Commission Report, which sheds light on the atrocities committed during a dark chapter of Sri Lanka’s history, coupled with the release of the movie ‘Rani’, there is renewed attention on enforced disappearances. These disappearances, which were once shrouded in silence and denial, are now gaining significant traction among the public. Thus, it is timely to discuss the stories of enforced disappearances and the political dynamics surrounding them.

The Effect

Enforced disappearance is often employed as a strategy of terror, deliberately designed to instil fear and insecurity within a society. The tactic goes beyond the direct impact on the immediate family members of the disappeared individuals. The psychological and emotional toll on these families is profound, as they are left with uncertainty, grief, and often a sense of helplessness. However, the effects of enforced disappearance extend far beyond these immediate circles. It creates a pervasive atmosphere of fear that affects entire communities, undermining trust and cohesion. The mere threat of disappearance looms over the population, causing widespread anxiety and eroding the sense of safety that is essential for the social fabric to thrive. The fear it engenders forces people into silence, discourages activism, and ultimately weakens the collective spirit of resistance against injustice.

Absence of the body

For years, the families and loved ones of the disappeared hold on to a fragile hope, clinging to the belief that their loved ones may still be alive. The absence of a physical body leaves room for uncertainty and unresolved grief, creating a painful paradox where the possibility of closure remains out of reach. Without the tangible proof of death—such as a body to bury or mourn over—the search continues, driven by the hope that one day they will find answers. This absence extends beyond just the physical body; it symbolizes the void left in the lives of the families, as they are left in a perpetual state of waiting, unable to fully mourn or heal. The constant uncertainty fuels a never-ending cycle of searching, questioning, and longing.

Making a spectacle of unidentified bodies

In 1989, as a small child, I found myself surrounded by an atmosphere that was both suffocating and frightening, filled with sights and sounds that I couldn’t fully comprehend at the time, but that would forever leave a mark on my memory. I can still vividly recall the smell of burning rubber that hung thick in the air, mixing with the acrid scent of smoke that lingered long after the flames had died down. The piles of tyres, set ablaze, were a regular feature of the streets where I lived. Yet, it wasn’t just the sight of the burning tyres that etched itself into my consciousness. As the flames raged on, the shadows of bodies emerged—neither completely visible nor entirely hidden.

Though my parents tried their best to shield me from the horror outside our home, I would sneak a peek whenever I thought no one was watching, desperate to understand the meaning behind what was unfolding before me. It was as though I knew something important was happening—something I couldn’t yet comprehend but could feel in the very air I breathed. I understood that the flames, the smoke, and the bodies all signified something far greater than I could put into words.

The burning piles of tyres—and, of course, bodies—which people spoke of in hushed tones, served as a chilling spectacle, conveying the threatening message the government sent to the public, especially targeting the young rebels and anyone who dared to challenge the state

Unable to seek justice

The absence of the body makes justice seem like a distant, unreachable concept. In cases of disappearance, where no physical evidence of the victim’s fate exists, the path to justice is often blocked. Without the body, there is no concrete proof of the crime, no tangible evidence that can be presented in court, and no clear sign that a crime was even committed. This leaves families and loved ones of the disappeared in a state of uncertainty, with no clear answers about what happened to their dear ones. As a result, families are forced to live in a limbo, where their grief is ignored and their calls for justice are silenced.

Undemocratic actions under a Democratic Government

Governments are meant to serve and protect the people who elect them, not to subject them to violence, fear, or oppression. Irrespective of the situation, no government, under any circumstances, has the right to make its citizens disappear. A government is a democratically elected body that holds its power and authority through the consent of the governed, with the explicit responsibility to safeguard the rights, freedoms, and lives of its citizens. When a government starts to take actions that involve the arbitrary killing or disappearance of its own people, it betrays the very principles it was founded upon.

The act of making people disappear and killing represents a fundamental breach of human rights and the rule of law. These are not actions that belong to a legitimate government that is accountable to its people. Instead, they signal a state that has become corrupt and tyrannical, where those in power are no longer bound by any ethical or legal standards. When the government becomes the perpetrator of violence against its own citizens, it destroys the trust between the state and the people, undermining the core foundation of democracy.

In such a scenario, the authority of law collapses. Courts become powerless, and law enforcement agencies are either complicit in the wrongdoing or rendered ineffective. This breakdown in legal authority does not just mean a failure to protect the rights of individuals; it signals the descent of society into anarchy. When the government wields power in such a violent and oppressive way, it erodes the social contract. When this relationship is violated through actions like disappearances, those in power essentially declare that they are above the law, which leads to a breakdown of social order. It no longer becomes a state that works for its people but rather a regime that rules through fear, repression, and violence.

by Dr. Anushka Kahandagamage

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Features

Hazard warning lights at Lotus Tower

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Lotus Tower enveloped in mist

Much has been written about the use of Hazard Warning Lights at Lotus Tower (LT)

Now it looks as if the authorities have got the day and night in a ‘twist’.

During the day time LT is in darkness. What should be ‘on’ during the day are the High Intensity Strobe Lights. It is observed that the authorities switch them ‘on’ in the night instead!

According to the ICAO recommendations what should be ‘on’ in the night are the low intensity strobe lights. High intensity in the night as is now, can momentarily blind the pilots.

At this time of the year the island experiences afternoon thunder showers which make the LT and the natural horizon invisible. (See picture) in a phenomenon known as ‘white out’ caused by fog (low cloud), mist and rain. However, the LT is kept dark and not lit up and that could be dangerous to air traffic.

In short what is needed are white strobe lights 24/7 (day and night). High Intensity by day and Low Intensity at night. They are known as ‘attention getters’.

The red lights must be ‘on’ at sunset and ‘off’ by sunrise (as correctly carried out currently).

I am aware that the Organisation of Professional Associations (OPA) has written to the LT authorities at the request of the Association of Airline Pilots, Sri Lanka, about three months ago but strangely the OPA has not even received an acknowledgement!

GUWAN SEEYA

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Ninth Iftar celebration organised by Police Buddhist and Religious Affairs Association, Wellawatte

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Islam is a peaceful religion that guides people to fulfil the five pillars of Islam, namely, Kalima, Prayer, Sakkath, Fasting and Hajj and through them to attain the grace of God.

The fact that the Holy Quran, the sacred book of Muslims, was revealed on one of the odd nights of the month of Ramadan, makes people realize the special importance of the month of Ramadan.

Fasting, the Holy Quran states, “0 you who believe, fasting is prescribed for you as it was prescribed for those before you, that you may become pure.” (2.183)

Muslims observe the first fast in the early hours of the evening when the first crescent of the month of Ramadan is sighted. The special feature of Ramadan fasting is to wake up early in the morning, eat before the sunrise (Sahur) and then fast for 14 hours until the evening prayer (Mahrib), remember the Creator and worship Him five times a day, break the fast at the time of Iftar (Mahrib), eat food with dates and spend the 30 days of Ramadan.

Ramadan fasting increases fear and faith in Allah, and it is not equal for the wealthy to live luxuriously without realizing the poverty of the poor and the poor to die of poverty. Therefore, fasting has been emphasized as the fourth Pillar in Islam to make the rich aware of the nature of poverty and to make the rich aware of the nature of hunger and to give charity.

Ramadan fasting is a shield for Muslims. The main objectives of fasting are the virtues, characteristics, morality and spiritual attraction of a person.

When approaching fasting from a medical perspective, it is said that ‘a disease-free life is an inexhaustible wealth’, so the good deed of fasting provides great benefits to the body.

Generally, it is a universal law to give rest to all the machines that have power. That is, it allows the machines to continue to function well. Similarly, it is necessary to give rest to our bodies. The fasting of the month of Ramadan explains this very simply.

“Historically, fasting has been proven to be very safe for most people,” says Babar Basir, a cardiologist at Henry Ford Health in Detroit, USA. “Ramadan fasting is a form of intermittent fasting that can help you lose fat without losing muscle, improve insulin levels, burn fat, and increase human growth hormone,” he says.

All wealthy. Muslims are required to give 2’/2 percent of their annual income to the poor in charity. This is why Muslims give more charity in the form of money, food, and clothing during Ramadan.

Anas (Kali) reported that the Prophet (Sal) said, “The best charity is to feed a hungry person.” This shows how great an act it is to feed a hungry person.

Fasting during the holy month of Ramadan, one of the most sacred duties of Muslims, is Providing facilities for fasting and breaking it is also a pious act that brings benefits. In that way, the Sri Lanka Police, as a way of receiving the blessings of Allah, have organized the Police Iftar ceremony to break the fast for the fasting people.

The Police Iftar ceremony, which is organized annually by the Sri Lanka Police Buddhist and Religious Affairs Association for Muslim police officers serving in the Sri Lanka Police, will be held for the 9th time this year on the 24th at the invitation of the Acting Inspector General of Police Mr. Priyantha Weerasooriya and will be held at the Marine Grand Reception Hall in Wellawatte under the participation of the Hon. Minister of Public Security and Parliamentary Affairs Mr. K.M. Ananda Wijepala. Muslim members of Parliament, Foreign Ambassadors of Islamic countries, High-ranking Police officers and Muslim Police officers, as well as members of the public, are also expected to attend the Iftar ceremony.

a.f. fUARD
Chief Inspector of Police
International Affairs
Criminal Investigation Department

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