Kazakhstan can now block Internet access without court order

    New amendments to the law on communications will allow the Kazakh authorities to block access to communications networks and the Internet, and turn off communications equipment without being required to obtain a court ruling, Tengrinews reports.
    The existing law will be supplemented by Article 41-1 on the procedure for the suspension of networks and/or means of communication.
    It is worded as follows:
    ‘In cases when networks and/or means of communication are used for criminal purposes to harm the interests of an individual, society or the state, or to disseminate information violating the election law of Kazakhstan or containing calls to extremist or terrorist activities, riots, or participation in mass (public) activities carried out in violation of the established order, the Prosecutor General or Deputy Prosecutor General shall instruct the authorized body to temporary suspend operation of the network and/or means of communication, or suspend provision of communication services, block access to the Internet websites and/or their content’.
    According to the new regulation, within hours after receiving instructions, the authorized body shall order the communications service provider or the state technical service to take the required measures. They in turn, must comply with the order in no more than three hours, by temporarily suspending operations of the designated websites and/or communication services.
    In the other words, the provision allows the Prosecutor's Office to block access to the Internet and cellular connections in a matter of hours and without obtaining a court order.
    The changes will be introduced with adoption of the amendments to several laws regulating the activities of internal affairs bodies.
    The amendments have already been passed by both chambers of the Parliament.
    Almaty lawyer Jokhar Utebekov explained that prior to the amendments, the state authorities needed to get a court ruling to enact the blocking. "This expands the scope of websites and facilities that can be affected. The ban can now cover WhatsApp, Twitter, VKontakte, M-Agent, Skype, and other social networking, messenger website and online media websites," Utebekov said.
    In fact, the entire access to the Internet and all the communication means can be blocked, and even cellphones can be cut off by the Prosecutors, he continued.
    The grounds for blocking have been expanded as well. The promotion of extremism, terrorism and other criminal activities via social networks and other mass communication channels are already grounds for the action. But now, calls for unauthorized rallies are also considered a valid basis, Utebekov said, while adding this provision was not part of the initial wording of mendments proposed by the government, but was added into the legislation later by the senators.
    In its memorandum the Senate explained, "there is an acute problem with the dissemination of false information, which causes substantial harm to society." On April 2, the Majilis agreed to the amendments proposed by the Senate, according to www.tengrinews.kz.