19 January 2011

News About Blackberry and Related Wiretapping

Blackberry - Lately the name Tifatul Sembiring quite busy talking about the Blackberry user community, none other than because of 'threats to close its maut' communication services provided by Research In Motion (RIM) is.

On the pretext of combating adverse effects of pornography and for the enforcement of criminal law, then Tifatul Sembiring using his authority as Minister of Communications and Information Technology to urge the rim to block pornographic content as well as set up his server in Indonesia.

On this occasion, the author will narrow the topic of writing, with discussions related to the use of blackberries to commit criminal acts and the protection of individual privacy.

In one story at a site on Monday, on January 17, 2011 there is one title that is interesting enough to be observed, that "Members of Parliament fear bugged, if the blackberry is closed". So the question is, is it true Blackberry often used as a means to commit a crime?
Currently Blackberry included in the category of 'smart phone' (smartphones) which has a cutting-edge sophistication and high level of privacy in communication is through the Blackberry Messenger application (fuel) that was so exclusive, fuel is often used to commit serious crimes such as malicious conspiracy to committing a criminal act of corruption, drug transactions even for networks of terrorism.

Then if buzz government through the Ministry of Communications and Information Technology, especially in urgent RIM to establish the server is in Indonesia to reveal a serious crime (serious crime) which is neatly organized with an effective action? The answer is not effective enough, because eventually the government will be hampered by the rule of law which do not overlap and synergy as well as the existence of Human Rights (Human Rights).

It is true that the Act on Combating Corruption, the Law on Narcotics and Terrorism Eradication Act has given authority to the Corruption Eradication Commission, the National Narcotics Agency and including the national police to conduct wiretaps in the disclosure of such offenses. But the criminal law provisions to implement wiretaps itself turned out to not exist / has not been set, it certainly is a potential occurrence of abuse of power (abuse of power) of law enforcement officers in 'enforcing the law'. It is solely because there is no sufficient legal umbrella sheltering the third rule of law mentioned above.

One thing we must never forget is 'Tegakkanlah law by not breaking the law'. Wiretapping that had been done yet have legal protection to restrict and regulate, but Tapping is the category of forced effort (dwang middelen), which together with the arrest, detention and seizure (see the Criminal Code), which often come into contact with the human rights of every individual who must be respected . In this case, certainly no one who wants his Blackberry bugged arbitrarily, without any time limit, and without sufficient evidence of the beginning.

Unfortunately, precisely Depkominfo 'talkative' by issuing a Draft Regulation (RPP), which regulates the interception (tapping) on the pretext assumed the command of Law No. 11 Year 2008 About the Information and Electronic Transaction, and tapping which is the effort force (dwang middelen) is only allowed to be executed with the power of the Act, not by regulation under the Act (vide Article 285 Criminal Code).

Criminal Procedure Code was revised and renewed urgency as criminal procedure is so look forward to the community, so that by the provisions of procedural law is clear and bright regulate and limit the wiretapping, the Blackberry and other smartphone users will receive legal protections for privacy and their rights in communication.

Following the success of E5830 at various markets, especially Europe and Asia Pacific now two modems with this ergonomic design of the official is present to answer the needs of Internet users in Indonesia as part of Huawei's Intelligent Device Solutions.

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