regulatory programs and regulations. Since 2008, the legal framework has been under
revision as a working group is debating new amendments to the 1998 Law on Electronic and Postal Communications. At the same time, the government has introduced
new restrictions on the media. The recently introduced amendments to the Media Law
have attracted criticism from local journalists. 18
The presidential administration has made efforts to introduce restrictive measures to
control Internet content. In the spring of 2005, members of the government proposed
amendments to the Law on Mass Media that would have led to blocking all ‘‘.ru’’ domain sites containing content ‘‘offensive’’ to Kyrgyzstan. In turn, these amendments
would have limited Kyrgyz access to sources solely on the ‘‘.kg’’ domain, which is regulated by local authorities, effectively creating a national ‘‘intranet.’’ Although this proposal was rejected, it revealed a shift in official attitudes toward reigning in Internet
development in the country. 19
Kyrgyz national security laws do not directly apply to Internet activities. Nevertheless, in 2003 the National Security Council proposed the creation of specialized
communication and information security within the Security Council. The Security
Council would be, inter alia, responsible for examining internal and external policy
questions in the field of information security. In 2005, a government resolution on
the Program for Information Security was adopted. The program’s main objective is
to create protection for the individual, the society, and the state in the information
space, but even after its amendments of 2005 it continues to lack precise definitions
for what constitutes commercial secrets, state secrets, and private information. This absence of clear terminology may lead to variable interpretations, which could create
space for potential abuse. Furthermore, the program does not explicitly define what
information can be restricted, which broadens the scope for potential abuse, including
the possibility that these provisions will be used as a justification for filtering Internet
content.
Surveillance
There is no legislation in Kyrgyzstan that allows national security bodies to organize
surveillance over the Internet. KyrgyzTelecom itself launched a technical investigation
to prevent ‘‘gray traffic’’ generated by other ISPs, meaning spam or other illegitimate
requests for information.
Proposals have been made for conducting state-led surveillance activities at the ISP
level. In July 2006, the State Agency for Intellectual Property proposed the creation of
an ‘‘Inter-Departmental Commission on State Regulation of the Kyrgyz Segment of the
Internet.’’ This institution, based on an existing Russian model, would have coordinated the activity of the executive power bodies and organizations participating in
the Kyrgyz segment of the Internet. The proposal was rejected.
196
Kyrgyzstan
revision as a working group is debating new amendments to the 1998 Law on Electronic and Postal Communications. At the same time, the government has introduced
new restrictions on the media. The recently introduced amendments to the Media Law
have attracted criticism from local journalists. 18
The presidential administration has made efforts to introduce restrictive measures to
control Internet content. In the spring of 2005, members of the government proposed
amendments to the Law on Mass Media that would have led to blocking all ‘‘.ru’’ domain sites containing content ‘‘offensive’’ to Kyrgyzstan. In turn, these amendments
would have limited Kyrgyz access to sources solely on the ‘‘.kg’’ domain, which is regulated by local authorities, effectively creating a national ‘‘intranet.’’ Although this proposal was rejected, it revealed a shift in official attitudes toward reigning in Internet
development in the country. 19
Kyrgyz national security laws do not directly apply to Internet activities. Nevertheless, in 2003 the National Security Council proposed the creation of specialized
communication and information security within the Security Council. The Security
Council would be, inter alia, responsible for examining internal and external policy
questions in the field of information security. In 2005, a government resolution on
the Program for Information Security was adopted. The program’s main objective is
to create protection for the individual, the society, and the state in the information
space, but even after its amendments of 2005 it continues to lack precise definitions
for what constitutes commercial secrets, state secrets, and private information. This absence of clear terminology may lead to variable interpretations, which could create
space for potential abuse. Furthermore, the program does not explicitly define what
information can be restricted, which broadens the scope for potential abuse, including
the possibility that these provisions will be used as a justification for filtering Internet
content.
Surveillance
There is no legislation in Kyrgyzstan that allows national security bodies to organize
surveillance over the Internet. KyrgyzTelecom itself launched a technical investigation
to prevent ‘‘gray traffic’’ generated by other ISPs, meaning spam or other illegitimate
requests for information.
Proposals have been made for conducting state-led surveillance activities at the ISP
level. In July 2006, the State Agency for Intellectual Property proposed the creation of
an ‘‘Inter-Departmental Commission on State Regulation of the Kyrgyz Segment of the
Internet.’’ This institution, based on an existing Russian model, would have coordinated the activity of the executive power bodies and organizations participating in
the Kyrgyz segment of the Internet. The proposal was rejected.
196
Kyrgyzstan