Last week, the registration of SIM cards began as the Implementing Rules and Regulations (IRR) of Republic Act No. 11934, or the SIM Card Registration Act, took effect nationwide. It was the first legislative measure enacted by the 19th Congress after it was signed into law by Ferdinand “Bongbong” Marcos Jr. on October 10, 2022.
With the aim to curb soaring electronic communication-aided criminal activities such as mobile phishing, text spam, online scam, bank fraud, terrorism, anonymous online defamation, and identity theft, the SIM Card Registration Act has found wide acceptance in many circles from the general public, which is not shocking because who does not want to stop experiencing security threats and receiving irksome notifications about unsolicited text offers from various unfamiliar numbers?
But as the country grapples with numerous social, political, and economic challenges today, especially with the ravaging effects of the high inflation rate that has wreaked havoc on us after bringing strings of catastrophes to several industries because it keeps on spiking every month, it is horrendous to think that the current administration would rather shamelessly devote their time pushing an act that was once vetoed than provide sound, comprehensive, and sustainable solutions to the most pressing concerns that exacerbate the daily struggles of Filipinos.
It is worth recalling that Rodrigo Duterte vetoed the previous version of the SIM Card Registration Act on the grounds of ambiguity and potential implications on privacy and freedom of speech and expression since there was the inclusion of mandatory social media registration in the measure because anyone creating a social media account is required to use their real name and phone number.
While the law may now look more promising because the provision about the requirement upon creating a social media account, which imperils the anonymity of users has been removed, it is important to keep in mind that it still poses threats to people’s rights to privacy and freedom of speech and expression, considering that our current cyber security practices and data privacy policies lack teeth because of its weak implementation.
In its current form, the SIM Card Registration Act promotes 'accountability' in the use of SIM cards as it requires the users to register with their respective Public Telecommunications Entities (PTEs) using valid government-issued identification cards or similar documents with a photograph to verify their identity within 180 days of the law’s implementation, which may be extended for another 120 days, to avoid deactivation; and mandates all telecommunication companies to ask for valid identification documents before selling SIM cards.
Promoting something that the president himself and his administration cannot appropriately practice is hypocritical. And under the pretext of becoming law-abiding citizens, people are forced to let their guard down, expose their personal and sensitive information, and make themselves vulnerable to surveillance.
For marginalized people who reside in far-flung communities and have no means to afford or swiftly acquire their valid identification documents due to the inefficiency of our government’s bureaucratic processes, they will face the risk of being shut off from communication. Also, it is unfortunate that the places where we can purchase a SIM card will now be limited because sari-sari stores must strictly comply with the requirements set by the National Telecommunications Commission (NTC) to become authorized sellers.
In addition, the following are some of the offenses under the SIM Card Registration Act: failure or refusal to register a SIM card; breach of confidentiality; registering a SIM card under false identities or with forged identification documents; impersonating a registered SIM card owner; reselling a stolen SIM card; and selling or transferring a registered SIM card without first registering it.
The aforementioned salient parts of the law jeopardize people who function as investigative journalists, whistleblowers, and witnesses. To elaborate further, for instance, journalists need data confidentiality when covering sensitive and complex stories such as conflict, crimes, and corruption. With the passage of the SIM Card Registration Act, it will become extremely challenging for them to obtain important information from sources who are hesitant to disclose their identity when providing information.
In line with this, this law may provide the government with the power and authority to monitor and target individuals in ways that go far beyond what is in their best interests amid the aggravating concern over red-tagging and blatant attempts to vilify genuine dissent, especially that it has a provision that can direct telecommunication companies to disclose the full name and address of SIM card owners upon a subpoena or order of a court.
On the other hand, another aspect to be explored is the law’s effectiveness. As of 2021, more than 150 countries have enforced the SIM Card Registration Act, which garnered criticism in some regions due to its ineffectiveness in combating cybercrime. To give an illustration, mandating SIM card registration in Pakistan last 2014 led to the establishment of unregistered SIM card black markets as well as an upsurge in identity fraud.
Meanwhile, Zimbabwe’s SIM card registration law dramatically rendered obsolete the potential for anonymity of communications, enabled location-tracking, and significantly made communications surveillance and interception quicker. Another striking example is when the law was repealed in Mexico three years after it was enacted because there had been no progress in the detection, investigation, or prosecution of cyber-related cases. Some people even argued that the law was to blame for an increase in handset theft.
As evidenced by these circumstances, we can infer that the SIM Card Registration Act is counterproductive, as it has failed several times in other countries. Furthermore, it threatens an individual's right to privacy, reduces freedom of speech and expression, and disenfranchises the marginalized sectors, all in the name of "security."
Instead of passing this law to put an end to security threats and unmask the culprits behind fraudulent spam messages and text scams, the government must focus on improving and strengthening the existing anti-cybercrime laws as well as providing long-lasting solutions to the root causes of crimes.
After all, living in a society marred by growing inequalities, one cannot dodge the issues surrounding poverty, unemployment, and limited opportunities. Therefore, it is unsurprising that some people have taken ways to commit electronic communication-aided criminal activities to make ends meet daily.
Graphics: Darren Waminal
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