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“We Will Find You, Anywhere” the Global Shadow of Uzbekistani Surveillance

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“We Will Find You, Anywhere” the Global Shadow of Uzbekistani Surveillance “WE WILL FIND YOU, ANYWHERE” THE GLOBAL SHADOW OF UZBEKISTANI SURVEILLANCE Amnesty International is a global movement of more than 7 million people who campaign for a world where human rights are enjoyed by all. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. Cover photo: A picture of a map of Uzbekistan. sevenMaps7/Shutterstock.comA © Amnesty International 2017 Except where otherwise noted, content in this document is licensed under a Creative Commons (attribution, non-commercial, no derivatives, international 4.0) licence. https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode For more information please visit the permissions page on our website: www.amnesty.org Where material is attributed to a copyright owner other than Amnesty International this material is not subject to the Creative Commons licence. First published in 2017 by Amnesty International Ltd Peter Benenson House, 1 Easton Street London WC1X 0DW, UK Index: EUR 62/5974/2017 Original language: English amnesty.org CONTENTS 1. EXECUTIVE SUMMARY 5 2. BACKGROUND 6 2.1 SORM AND SURVEILLANCE IN UZBEKISTAN 6 2.2 THE ROLE OF TELECOMMUNICATIONS COMPANIES 7 2.3 HUMAN RIGHTS IN UZBEKISTAN: A CLIMATE OF FEAR 8 3. DMITRY TIKHONOV: FORCED TO FLEE THE COUNTRY BECAUSE OF AN E-MAIL HACK 10 4. DON’T PHONE HOME: SURVEILLANCE KEEPS REFUGEES FROM THEIR FAMILIES 14 “DILSHOD” 14 NADEJDA ATAYEVA 16 GULASAL KAMOLOVA 16 5. UZNEWS.NET: JOURNALISM AND PRIVACY IN AN INTER-CONNECTED WORLD 18 5.1 AN EMAIL HACK IN BERLIN 18 5.2 GULASAL AND VASILIY: JOURNALISTS IN UZBEKISTAN PUT AT RISK 20 5.3 UZNEWS.NET IS FORCED TO CLOSE 24 RECCOMMENDATIONS 26 5.4 TO THE GOVERNMENT OF UZBEKISTAN 26 5.5 TO OTHER GOVERNMENTS 26 5.6 TO TELECOMMUNICATIONS COMPANIES 26 “WE WILL FIND YOU, ANYWHERE” THE GLOBAL SHADOW OF UZBEKISTANI SURVEILLANCE Amnesty International 3 “WE WILL FIND YOU, ANYWHERE” THE GLOBAL SHADOW OF UZBEKISTANI SURVEILLANCE Amnesty International 4 1. EXECUTIVE SUMMARY Surveillance in Uzbekistan helps reinforce the already repressive environment for human rights defenders, journalists, political activists and others in Uzbekistan. Unlawful surveillance in Uzbekistan is facilitated by technical and legal systems that fail to provide checks against abuse, contrary to international law and standards. Inside Uzbekistan, hacking attacks and data breaches can lead to threats of prosecution, and force people to flee the country. But in today’s interconnected world, hacking and surveillance outside Uzbekistan can also have devastating effects for people in Uzbekistan, thousands of miles away. The converse is also true, even once safely outside of Uzbekistan, the threat of surveillance continues to exert its pressure on those who have fled. Because of the fear of surveillance, many refugees outside Uzbekistan are afraid to contact their families, fearing that even receiving a phone call from abroad could trigger harassment from mahalla (local neighbourhood) committees or security services. Unlawful surveillance in Uzbekistan keeps families apart and harms the rights to free expression around the world, and limits the ability of people inside and outside of Uzbekistan to receive information. This briefing highlights stories of seven Uzbekistani people, in Uzbekistan and in the diaspora, whose human rights have been negatively affected by the unlawful surveillance of the government of Uzbekistan. “WE WILL FIND YOU, ANYWHERE” THE GLOBAL SHADOW OF UZBEKISTANI SURVEILLANCE Amnesty International 5 2. BACKGROUND 2.1 SORM AND SURVEILLANCE IN UZBEKISTAN Surveillance of internet and telephone communications in Uzbekistan is ubiquitous, and poorly regulated. In 2014, Privacy International published a report detailing some of the technical capabilities of the Uzbekistani government for surveillance, as well as documenting several cases of apparently politically- motivated surveillance and human rights abuses.1 Surveillance in Uzbekistan is facilitated by the System of Operative Investigative Measures (known by its Russian acronym: SORM).2 SORM allow state authorities to directly access communications and associated data. Communications service providers (CSPs) are required by law to make their networks accessible to the authorities – at their own cost - for monitoring via the SORM system.3 Because surveillance conducted via SORM is achieved by direct state access to networks in secret, CSPs themselves are not aware of how often, or why, the authorities access their networks.4 Privacy International also documented the use of monitoring centres by the Uzbekistani authorities, which, as of 2013, were capable of monitoring up to 600 IP-based subscribers, as well as thousands of circuit- switched subscribers.5 State-owned Uztelecom controls access to the internet in Uzbekistan, while the activities of internet café users are subject to surveillance, and purchasing SIM cards requires production of a passport.6 In July 2015, leaked internal documents from the Italian company Hacking Team, who sell commercial spyware, revealed that Uzbekistan had purchased software from the company via NICE systems.7 The purchased product – Remote Control System (RCS) – enables the authorities to infect a target’s phone or computer with malware that can access all of the device’s content, as well as intercept communications, track its location and remotely activate and monitor the device’s microphone or camera.8 1 Privacy International, “Private Interests: Monitoring Central Asia,” https://www.privacyinternational.org/node/293 (hereinafter “Private Interests”) 2 Variants of the SORM system are used in Russia and many former-Soviet states. See, for example, Amnesty International, “It’s Enough for People to Feel it Exists: Civil Society, Secrecy and Surveillance in Belarus,” EUR 49/4306/2016, July 2016, https://www.amnesty.org/en/documents/eur49/4306/2016/en/ 3 Law of the Republic of Uzbekistan on Telecommunications, Article 18, http://www.lex.uz/Pages/GetAct.aspx?lact_id=33152; see also Presidential Decree 513 On measures to increase effectiveness of organization of operative investigation measures on telecommunication networks, http://ict.gov.uz/files/o%20povishenii%20effektivnosti.doc 4 See, for example, Teliasonera Law Enforcement Disclosure Report, January-June 2016, https://www.teliacompany.com/globalassets/telia- company/documents/about-telia-company/ledr_oct2016_final.pdf, at p. 17 (“When it comes to governments’ direct access, i.e. signals intelligence (intelligence gathering through analysis and processing of communication signals) and real-time access without requests (technical systems for more extensive monitoring of telecommunications), Telia Company has no insight into the extent of such surveillance and cannot provide any statistics”). Telia Company have publicly opposed such direct access systems: https://www.freedomonlinecoalition.com/how-we-work/working-groups/working-group-2/direct-access-systems/. 5 Private Interests, p. 42. 6 Freedom House, Freedom on the Net, Country Report: Uzbekistan, 2016, https://freedomhouse.org/report/freedom-net/2016/uzbekistan 7 Privacy International, Eight Things We Know So Far from the Hacking Team Hack, 9 July 2015, https://www.privacyinternational.org/node/619; The Guardian, Hacking Team hacked: firm sold spying tools to repressive regimes, documents claim, https://www.theguardian.com/technology/2015/jul/06/hacking-team-hacked-firm-sold-spying-tools-to-repressive-regimes- documents-claim 8 http://www.computerworld.com/article/2851498/detekt-tool-finds-the-hacking-teams-secret-surveillance-malware-on-pc.html “WE WILL FIND YOU, ANYWHERE” THE GLOBAL SHADOW OF UZBEKISTANI SURVEILLANCE Amnesty International 6 2.2 THE ROLE OF TELECOMMUNICATIONS COMPANIES Surveillance in Uzbekistan is facilitated by private telecommunications companies, who are required to provide direct, remote-control access to their networks to the Uzbekistani authorities. As laid out in the UN Guiding Principles on Business and Human Rights (UNGPs), companies have a responsibility to respect human rights wherever they operate in the world. The UNGPs require that companies take pro-active steps to ensure that they do not cause or contribute to human rights abuses within their global operations and respond to any human rights abuses when they do occur. In order to meet that responsibility, companies must carry out human rights due diligence to “identify, prevent, mitigate and account for how they address their human rights impacts.” The corporate responsibility to respect human rights exists independently of a state’s ability or willingness to fulfil its own human rights obligations and over and above compliance with national laws and regulations protecting human rights. For example, the interpretative guidance on the UNGPs specifically notes that a company may contribute to a human rights violation if it provides “data about Internet service users to a Government that uses the data to trace and prosecute political dissidents contrary to human rights”.9 In January 2017 Amnesty International wrote to two major private mobile communications providers operating in Uzbekistan as well as their foreign parent companies – UCell, a subsidiary of the Swedish Telia Company, and Beeline (Unitel), a subsidiary of the Dutch company Veon (formerly VimpelCom) – asking what steps they
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