Satellite Internet to encounter unfettered surveillance

The Bangladesh Telecommunication Regulatory Commission (BTRC) has released a draft guideline aimed at introducing satellite-based internet services in the country. This draft includes provisions for unrestricted government surveillance or monitoring of these satellite internet services.

The draft guidelines, titled "Non-Geostationary Orbit (NGSO) Satellite Services Operator," were published on the BTRC website last Tuesday. Comments on the guidelines will be accepted until 18 November.

This release comes at a time when the global internet service provider Starlink, a subsidiary of Elon Musk's SpaceX, is expressing interest in establishing operations in Bangladesh.

Starlink distinguishes itself from conventional internet services, which rely on phone towers and submarine cables, by providing internet access via artificial satellites. This technology enables high-speed internet service, even in remote areas. Currently, Starlink operates in more than 50 countries worldwide.

Starlink has been attempting to establish its business in Bangladesh for the past three years. In July of last year, the company brought its technology to the country for testing, which included a meeting with then-ministers.

During the Awami League administration, Starlink was reportedly asked to allow for surveillance as a condition of their operations.

Recently, a delegation led by Starlink Director of Global License and Market Activation, Rebecca Slick Hunter, met with Ashiq Chowdhury, the Executive Chairman of the Bangladesh Investment Development Authority (BIDA).

Sources indicate that Starlink has not yet appointed any local representatives in Bangladesh and is currently communicating directly.

Experts point out that during the Awami League government, there was arbitrary surveillance within the telecommunications system. The draft guidelines released by the new interim government also retain provisions for such surveillance.

Postal and Telecommunication Adviser Nahid Islam informed Prothom Alo that the draft guidelines have been opened for stakeholder feedback.

He noted that the guidelines consist of general principles, which will be implemented through the country’s existing laws and regulations. While the draft mentions security provisions, the specifics will be determined by future laws and regulations. It has also been decided to repeal the Cyber Security Act, with new laws and regulations to be established.

According to the draft guidelines, the licensee's system must be equipped with the necessary technology to provide information to the National Telecommunication Monitoring Center (NTMC) or the BTRC for identifying individuals who may pose a threat to national security.

Under the existing law, the NTMC is required to grant access to gateways established in Bangladesh as needed. The licensee is obligated to provide the NTMC with any necessary data related to the surveillance system.

The draft directive also states that the Commission may mandate the implementation of necessary technical measures to detect and monitor subversive or illegal activities.

Additionally, it will require the submission of relevant information to the Commission on a regular basis. The licensee must have measures in place to identify and disable subscriptions engaged in disruptive or illegal activities.

Furthermore, the licensee is required to store Internet Protocol Detail Records (IPDR), Transaction Detail Records (TDR), and Call Detail Records (CDR) for one year, in accordance with the instructions of the BTRC and NTMC.

A legal filing system must be established, and government policies must be adhered to. Moreover, the Commission retains the authority to revoke the licensee's frequency for various reasons, including those related to national security or interest.

During the July-August student-people uprising, the previous Awami League government shut down the internet for five consecutive days. On 5 August, the day the government fell, internet access was also disrupted for two and a half hours.

This shutdown was directed by the NTMC, BTRC, and former Minister of State for Posts, Telecommunication, and Information Technology Junaid Ahmed Palak, as noted in an official report.

The drafting of the satellite internet services guidelines began six months ago, during the Awami League government's tenure. BTRC sources indicate that these guidelines are now being published.

Mohammad Ershadul Karim, an Associate Professor in the Department of Law and Emerging Technology at the University of Malaya in Malaysia, commented to Prothom Alo that while national security is certainly a critical issue, the experiences from the July uprising show that granting outright power to the BTRC or government officials may not benefit consumers.

He suggested that an independent national committee should be established, comprising experts from the sector, and that judicial oversight should be included.

Karim also raised concerns about whether Starlink would accept the government’s conditions.