Law Enforcement Disclosure Report 2016 H

Law Enforcement Disclosure Report 2016 h Law Enforcement Disclosure Report 2016 Contents 1. Introduction 2 6. ‘Major Events’ in 2016 13 a. Shutdown of services in prisons in Central America 14 b. Shutdowns in Africa 15 2. What we are reporting, not reporting and why 3 c. Informing customers of shutdowns 15 d. Proposals for significant changes in operational 3. South America: procedures or local laws 15 a. Overview 6 e. Disproportionate requests 16 b. Legal frameworks 6 f. Politically motivated messages 16 c. Requests from law enforcement in 2016 7 7. Trends and priorities for 2017 17 4. Central America: a. Overview 9 8. Our internal policies, guidelines and governance 19 b. Legal frameworks 9 c. Requests from law enforcement in 2016 10 9. Our engagement 21 5. Africa: a. Overview 11 10. Implementation of Telecommunications Industry b. Legal frameworks 11 Dialogue (TID) principles 23 c. Requests from law enforcement in 2016 12 Millicom Law Enforcement Disclosure Report 2016 1 1. Introduction This is Millicom’s second Law Millicom made a public commitment in 2013 Enforcement Disclosure report, covering to the Telecommunications Industry the year 2016. It seeks to provide Dialogue Guiding Principles to use any information about the extent and context leverage we may have to minimize human of our interaction with law enforcement rights implications of the demands we It is our firm belief that agencies and governments, relating to receive from governments. We have made positive outcomes for issues that affect the privacy or freedom good progress since then in implementing of expression of our customers when we processes to do so. However, some human rights will only come operate telecommunications networks in fundamental tensions remain. There are from collaboration based on thirteen countries in Latin America and many considerations we must take into appreciation of the full Africa. account by virtue of being very integrated in the countries where we operate. Many of the spectrum of considerations The topics of privacy and freedom of tensions would not exist if the customer data expression remain highly relevant for and realities – something we hold resided in servers outside of the companies providing communications country and we were providing services that can only be achieved services. In the last year alone, several remotely from outside of local jurisdictions. high-profile incidents have led to even more when all concerned intense scrutiny in the public domain. One When we make decisions about government stakeholder groups, example was the Apple vs. FBI case, where demands on our local subsidiaries, we do not the company refused a request from the only consider the human rights of our including governments, intelligence authorities to build a ‘backdoor’ customers or our legal obligations, but also come together.” in its iPhone devices in order to assist with a any potential adverse consequences to the suspected murder investigation. This incident safety of our thousands of employees and highlighted the tension that can at times partners who work with us to provide services exist between law enforcement authorities, in our markets, and any potential impacts to who have a duty to protect their citizens, and our operating licenses or the physical assets Telecommunications Industry Dialogue. It is technology companies who have a on the ground – radio towers and transmitters, our firm belief that positive outcomes for responsibility to protect the privacy of their cables, shops and offices – all of which we human rights will only come from customers’ communications. and our customers rely on to receive collaboration based on appreciation of the uninterrupted access to communications and full spectrum of considerations and realities Our customers’ trust in us to respect their internet services in the first place. – something that can only be achieved when privacy is of paramount importance for our all concerned stakeholder groups, including business success. This consideration for All of these aforementioned considerations governments, come together. human rights obligations must also go impact the way in which we respond to hand-in-hand with our duty to respect local demands from law enforcement agencies, In 2017, Millicom will join GNI as a full laws in the countries where we operate; laws and are fundamental aspects to consider in member and we look forward to working with which legally bind us to support governments the discussion around company responsibility GNI members and further improving our in their legitimate duty of protecting public in protecting freedom of expression and processes and understanding of these issues safety and security. privacy. They also take our company to the to be a long-term, responsible and positive heart of some of the most complex issues influence in the countries we work in. In this report we present how we manage the facing governments and the world today, tension that can at times arise between and are clearly not something one company these obligations. We aim to demonstrate like Millicom can or should attempt to solve Luxembourg, February 2017 our ongoing commitment and progress to alone. This year, Millicom became an understand how our operations impact Rachel Samrén observer member of the Global Network human rights, and how we can work alone EVP Chief External Affairs Officer Initiative and continued to engage with a and with others to minimize potential number of different stakeholder groups, Salvador Escalón negative impacts. directly as well as jointly with the EVP and General Counsel Millicom Law Enforcement Disclosure Report 2016 2 2. What we are reporting, not reporting and why Millicom Group (Group) is a We hope that the second edition of this What we are not reporting telecommunications and media company, report will build on and contribute to existing Law enforcement demands are by definition providing mobile and fixed internet, cable constructive work between different sensitive in nature. In most cases they relate and satellite TV services, and mobile stakeholder groups to better protect freedom to confidential court proceedings and to financial services (MFS) to consumers and of expression and privacy of individuals. national security and emergency situations businesses in thirteen markets in Latin where human life is at risk. What we are reporting America and Africa. In this report we disclose the type and Discussion of sweeping national security and Two reasons remain central to our amount of law enforcement requests we surveillance powers aside, requests from law motivations in publishing this report: (1) to receive, and more importantly, in our opinion, enforcement come with strict confidentiality respond to stakeholders who have asked us describe the overall context and trends in the requirements which mean that often we are to be more transparent about how we deal demands we receive. Context is important forbidden by law from disclosing details of with government requests, and (2) to not only in specific and more significant cases the requests we receive. In some specific advance the understanding of the contexts – the so called ‘major events’ – but also in situation we may be explicitly told not to in which telecommunications companies highlighting some very practical challenges disclose any details of the request, and doing receive demands from governments and the we encounter in our interactions with law so could lead to severe penalties, including considerations influencing decisions in enforcement authorities. imprisonment of local senior staff. relation to these situations. In this report we also describe several ‘major It is also often difficult for us to discuss We regularly seek to identify best practices in events’ we have faced during the year. publicly how we engage with law the area of transparency reporting on law Whenever possible we disclose the countries enforcement or other authorities when we enforcement assistance, and attempt to in which they took place. receive requests or the ways we may try to implement these norms into our own challenge their approach. Doing so would In line with the commitments that we have reporting framework. With that in mind, we most certainly affect our leverage and ability made to implement the Telecommunications have this year divided our reporting for Latin to engage in the future, and could even in Industry Dialogue (TID) ten principles2 we America into two regions (Central and South some cases put personnel at risk. This is a also disclose information about our internal America) in an effort to provide more source of frustration at times, as it may lead policies, processes and controls which we granular and detailed information about law to incorrect perceptions of inaction from our have put in place to protect our customers’ enforcement requests. We have also studied part. This is also why, for the most part, we privacy when we handle law enforcement and implemented lessons learned from civil describe our engagement in more broad requests, and how we seek to minimise society resources such as the Transparency terms in this report rather than in relation to effects on our customers’ freedom of Reporting Toolkit: Reporting Guide & specific events. expression and privacy in ‘major events’ Template produced by The Berkman Klein situations. You can find a table at the end of Center for Internet & Society at Harvard this report outlining how we have University in collaboration with the Open implemented the TID ten principles overall. Technology Institute1. Namely, we have included a section detailing how we obtain our information for this report in order to provide more clarity to the reader. 1 https://cyber.harvard.edu/sites/cyber.harvard.edu/files/Transparency_Reporting_Guide_and_Template-Final.pdf 2 http://www.telecomindustrydialogue.org/about/guiding-principles/ Millicom Law Enforcement Disclosure Report 2016 3 2. What we are reporting, not reporting and why – continued We are not disclosing the numbers of We are finalizing reports about the legal government requests by country as some of frameworks governing government our peers have done.

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