Policy Monitor

Policy Monitor – November 2021

Localised internet shutdowns in Isfahan and Khuzestan were used once again to disrupt protests, as the ICT Ministry intervened in the progress of the dangerous "Online Services Bill".

This November marks the second anniversary of the nationwide 2019 fuel price protests, which were met with a nationwide Internet shutdown that lasted for more than a week. The shutdown took place to provide cover for the killing of hundreds of protestors, and the arrest of thousands more. While Iranians have not endured a nationwide shutdown since November 2019, since then there has been a significant rise in the number of localised internet shutdowns, almost always used to disrupt protests and facilitate violent crackdowns against protestors. 

The Iranian government has refused accountability and acted with impunity about the events of the 2019 shutdown, as well as the subsequent localised shutdowns since. Since these events, the then-Chief Justice Ebrahim Raisi has risen to the position of Iran’s President. While a number of civil society groups focused on remembering and seeking justice for the victims of November 2019 at the Aban Tribunal, Iran saw yet another localised, internet shutdown in November, this time in response to protests in Isfahan Province. This marks the sixth localised shutdown to be implemented by Iranian authorities since November 2019. 

Also in November, further progress was made around the “Online Services Bill,” this time following an intervention from Iran’s ICT Minister. For a second month, we saw a cyberattack targeting Iranian services, which saw Mahan Air’s website being taken down. Iran’s Parliament also made moves to further crackdown on online betting and gambling, pursuing a proposed amendment to the Islamic Penal Code. 

Our monthly Network Monitor supplements this report with the latest internet disruptions and outages in Iran. 

Localised Internet Shutdown in Isfahan Province Amid Violent Crackdown By Authorities Against Protestors // Localised Shutdown Also Observed in Khuzestan Province 

Over the past few weeks, multiple protests have taken place in the central province of Isfahan. These protests – participated in by a significant number of farmers and agricultural workers – have been taking place on and around dried-out sections of the Zayanderud’s riverbed. The demonstrations have been staged to voice anger and frustration around authorities’ handling of chronic water shortages that have affected the province.

On the evening of 25 November, the crackdown commenced, with multiple reports of security forces’ use of rubber and pellet bullets and teargas against peaceful protesters, which continued into the next day. A number of injured protesters can be seen in video footage shared by individuals at the scene. Footage has also been shared of property damage at the hands of the security forces.  

As clashes between protesters and security forces escalated, a mobile internet shutdown was confirmed in central areas of Isfahan by cybersecurity and digital rights researcher Amir Rashidi. According to Rashidi, domestic services via the National Information Network (NIN) were also unavailable, however, fixed broadband services were still connected. He added that internet connectivity appeared to vary depending on users’ location within the city. People close to the center of Isfahan (near the site of the protests) reported receiving text messages from the judiciary to leave the area immediately. According to figures from Iran’s Communications Regulatory Authority (CRA), a majority of Isfahan’s population rely on mobile internet services for their access: mobile internet penetration rates sit at 103.78%, compared to 17.45% for fixed line broadband connections. 

Also on 25 November, Rashidi reported that mobile internet had been cut off in the city of Ahvaz, the provincial capital of Khuzestan Province. A number of domestic apps and websites remained accessible. Connectivity was restored the next day on 26 November but speeds remained slow. This marks the second internet shutdown in Khuzestan Province this year, with the first taking place in July 2021, following water shortage protests. 

According to HRANA on 27 November, at least 214 people were arrested during the protests in Isfahan, 13 of whom were children. Some of those arrested have been released following the seizure of their IDs and providing written affidavits and statements, while around 150 have been relocated to a variety of prisons and detention centers. According to a report by the IRGC affiliated news outlet Fars News, Police Special Units Commander Hassan Karami announced that 67 people had been arrested during the protests. 

Iran Human Rights confirmed that at least 30 protestors have been hospitalised with eye injuries and at least three protesters have been killed. These figures could rise further as more information becomes available.

 The rising number of localised internet shutdowns demonstrate just how closely linked Internet shutdowns are to the acceleration and intensification of violent crackdowns on protests. Filterwatch strongly condemns the violent response of security forces in Isfahan, which has already seen multiple protestors killed or seriously injured.

“Online Services Bill” Returns to the Parliamentary Research Centre for Review 

On 29 November the Parliamentary Joint Special Committee responsible for reviewing the “Supporting User’s Rights Online and Core User Services Bill” (also known as طرح صیانت in Persian, hereafter referred to as the “Online Services Bill”) held its ninth meeting.

During the session a number of MPs began referencing a letter sent  from the ICT Minister, Eisa Zarepour, containing comments and recommendations as a new draft of the Bill sent to the Head of the Committee, Reza Taghipour. Following the MP’s comments, Taghipour eventually confirmed the receipt of the letter and added that it was marked “confidential” which is why he had not read it out. 

During the meeting three proposals were put forward: 

  • The Bill should be referred to the Parliamentary Research Centre (PRC) to combine the government’s recommendations (made via the ICT Ministry) with the Bill;
  • The Bill should be reviewed via four special committees in the presence of governmental PRC representatives; 
  • The Bill’s review process should continue as normal. 

At the tenth session held on 30 November the Committee voted in favour of the Bill being passed to the PRC. The PRC is to review the Bill over the period of ten days in light of the ICT Ministry’s proposals, and feedback from the private sector. The PRC’s review is to begin next; however, these sessions continue to be headed by Taghipur. 

Before the official start of the tenth session – which was recorded – Taghipour can be heard discussing the order of votes on the options available to the Committee with Lotfollah Siahkoli MP in order to gain votes to pass their favoured option of a review by the PRC. 

Following the review, the Bill is set to return to the Committee for a vote on its latest version. The review follows widespread public backlash and criticism from the tech sector. The exact contents of Zarepour’s draft Bill have not been publicly revealed, though some members of the Committee have commented that the ICT Ministry’s draft of the Bill is “30% different to the current version.” 

Filterwatch will continue to provide updates on the progress of the Bill in future editions of the Policy Monitor. 

Parliament Moves Ahead with Bill for Sentencing Online Gambling 

On 10 November the Majles (Iran’s parliament) approved the “Amendments to the Articles of the Fifth Book of the Islamic Penal Code (705 – 711) Bill.” The part of the Penal Code referred to in the Bill deals with sentencing for betting, gambling, and lotteries. 

The Bill seeks to codify sentencing for any form of participation or promotion of online betting, gambling, or lottery games into the Penal Code. This includes a grade seven sentence for promoting betting, gambling, or lottery games – amounting to 91 days’ imprisonment and a 100 to 200 million IRR fine. It also mandates the confiscation of any income as a result of gambling, in addition to a fine for double the winnings’ value. 

Anyone participating in the running of online or offline gambling sites or casinos is subject to grade five sentencing, which includes a fine of 80 to 180 million IRR and deprivation from social services for five to 15 years. The Bill also includes sentencing provisions for those creating or selling tools enabling gambling, as well as for authorities failing to report instances of crimes set out under the Bill. 

The Bill has now been handed over to the Guardian Council for comments and approval before it can enter into law. 

Online betting and gambling has been a major concern for Iranian authorities who believe that the practices promote “corruption” and are leading to ”wealth leaving the country.” Iran’s Cyber Police (FATA), has had a major focus in targeting gambling and betting sites and their administrators, which have been highlighted in Filterwatch’s quarterly FATAwatch reports. This Bill, which is likely to be approved by the Guardian Council, will make it much easier for Iranian authorities to target and sentence online betting and gambling. 

Iran’s ICT Minister Responds to Slow Internet Speeds

On 18 November Eisa Zarehpour commented on the ongoing issue of slow internet speeds at an event held for Iran’s ‘Book Week.’ 

During the event he was asked about the issue of slow internet speeds. He responded by using a journalist’s phones to perform a speed test, which showed speeds of 16 MB/s. Zarepour added that while this speed was not acceptable, some of the issues were down to media hype, and some were caused following the start of the academic year and the reopening of schools and universities. 

According to the government news agency IRNA, domestic and international capacity has increased by 10% to deal with the recent slow speeds. 

In October, a number of Iranian outlets reported that a lack of international bandwidth available in the country is to blame for slow speeds. This, they claim, is the result of the SCC not issuing a license for the Telecommunication Infrastructure Company (TCI) to increase their purchase of global bandwidth to meet rising domestic demand – a position they have taken since Raisi’s inauguration.

‘Sadegh Abbasi-Shahkuh’ Appointed as the Head of the Communication Regulatory Authority

On 10 November Sadegh Abbasi-Shahkuh was appointed as the new Head of the Communications Regulatory Authority (CRA) by the ICT Minister Eisa Zarepour. He has held a number of positions in Iran’s ICT sector, including as the Managing Director of the Telecommunication Infrastructure Company (TCI) and the Deputy for Technical Inspections and Licensing at the CRA. 

Abbasi-Shahkuh replaces Hissein Fallah Joshghani who was the Head of the CRA during the previous government. 

Committee for Determining Instances of Criminal Content Order the Removal of a Poem on the November 2019 Protests 

On 29 November, the Human Rights Activists News Agency (HRANA) reported that the Committee for Determining Instances of Criminal Content (CDICC) ordered the removal of the poem “Farewell After Leaving” by the Iranian musician Mehdi Yarahi from domestic websites. Yarahi had published the poem in support of the victims of the November 2019 protests and the group of mothers seeking justice for their children who were killed during the protests. 

Yarahi had previously been banned from working for speaking on political issues during his concerts. 

Cyberattack Takes Down Mahan Air’s Website 

On 21 November Mehr News reported that the Iranian airline Mahan Air’s website had been taken down due to a “cyberattack”, and a number of the airline’s customers had received a message about the incident. The airline confirmed the attack and said that it had caused disruptions to its “operational systems” but “corrective action” had been taken and that such attacks on the airline are “normal.”

A group known as Hooshyaran-e-Vatan claimed responsibility for the attack via a tweet, stating that this was the “first step in stopping the theft from the people of Ahvaz and Khuzestan by the Iranian Revolutionary Guard Corps (IRGC).” The group also said that they had acquired documents that would ”prove the airline’s cooperation with IRGC’s illegal actions.” A Spokesperson for Mahan Air claimed that the hacked information is “of no significance and flights are taking place as planned.” 

In 2011 Mahan Air was designated as a “material and transportation supporter of terrorism” by the US Treasury “for providing financial, material and technological support to the IRGC’s Qods Force”. 

Iran has been experiencing a surge in cyberattacks, including an attack on petrol stations’ payment systems in October, an earlier attack on the country’s Transport Ministry in July, and the publication of footage from Iran’s political prison Evin, in August, following an alleged hack. Different groups have claimed responsibility for these attacks, and it is unclear whether they are connected or coordinated. 

Divar’s CEO Receives Prison Sentence for “Enabling Corruption” 

On 27 November the Irainian e-commerce and advertising platform Divar released a statement confirming that the company’s CEO Ashkan Mirarmandehi, had received a prison sentence for three months and one day following a decision from Tehran’s Court of Appeal. The sentence relates to charges of “enabling corruption and sex work.” In its statement Divar has denied these charges, adding that the adverts in question did not contain any illegal content and the sentence received by Mirarmandehi is based on the actions of third parties outside of the platform.

The news of Mirarmandehi’s sentence was met with widespread concern from Iran’s tech and start-up community. Mirarmandehi received support from across the country’s tech sector, including from Tehran’s ICT Guild, the CEO of Shatel Mobile, the founder of Gap Messenger, the e-payment platform Zarinpal, Tap30, and Digikala among others. 

Following this reaction, on 29 November a number of domestic news outlets reported that Iran’s Head of Judiciary, Mohsen Eje’i is stepping in to review the sentence. According to a tweet by the ICT Ministry’s Spokesperson Jamal Hadiyan on the same day, the ICT Minister Eisa Zarepour had also asked for the sentence to be reviewed. 

The issue of intermediary liability continues to be a major concern among Iran’s private tech sector and start-up community, as platforms and service providers are continued to be held legally liable for user-generated content or behavior. Previously, the co-founder and Managing Director of Zarinpal received a one year prison sentence for a disputed payment via the e-payment platform, the Managing Director of video streaming platform received a 10 year sentence for a video shared on the platform, and the founder of Gap messenger was summoned by the Police and the Judiciary in relation to stolen and fraudulent cards being used to purchase mobile phone credit. 

Intermediary protections are vital for preserving freedom of expression, as well as encouraging technological innovation and expansion, an area where Iranian tech companies lack protection. This issue is unlikely to be resolved by the current iteration of the “Online Services Bill” as it places numerous onerous obligations on platforms before they are offered protections as an intermediary. It remains to be seen if future drafts of the Bill will seek to address this issue. 

Disputed User Numbers for Iran’s Domestic Messaging Apps Provided by the National Centre for Cyberspace 

During a session of the Joint Special Parliamentary Committee (the committee in charge of reviewing the “Online Services Bill”) on 19 November, Amir Khorakian, Deputy for Legal and Parliamentary Affairs at the National Centre for Cyberspace, offered a report on the performance of domestic messaging platforms. 

According to Khorakian’s report to the Committee there are around “20 million unique users” across domestic applications such as Eita, Soroush Plus, Baleh, and Gap.

The accuracy of figures offered by Khorakian during the Committee session are difficult to verify, and therefore should be treated with caution, especially given the lack of transparency around their sourcing. Even some of Khorakian’s parliamentary colleagues cast doubt on the veracity of the figures: during the same session, Afshin Kolahi, a member of the Commission for Innovative Businesses at Iran’s Chamber of Commerce, Industries, Mines, and Agriculture (ICCIMA) called for the Majles to check the correct figures to base their decisions on, as he said some users were not on the named apps “voluntarily”. The same issue was raised by Jalal Rashidi Kouchi MP during the session, who said that despite never signing up for the messaging app “Bale”, he was informed of an account on the app in his name. Khorakian denied these issues, calling them “rare” or due to “technical issues”. 

 

In recent months we have observed further evidence from Iran’s domestic messaging apps’ willingness to violate Iranians privacy and security by forcing them onto these platforms. Filterwatch has already written about the role of domestic messaging apps in Iran’s internet controls and online surveillance.

MTN Group Ceases Operations in Yemen as it Looks to Exit its Operations from the Middle East 

On 17 November, the South African telecommunication company, MTN Group, announced that it had ceased its operations in Yemen as it transferred its majority shareholding in MTN Yemen to Emerald International Investment LCC.

The move comes following MTN’s announcement this August that the company will be withdrawing its operations in the Middle East in the next three to five years and focusing instead on its pan-African strategy. However the statement that it currently had “no immediate plans to leave Iran.” However, the US sanctions imposed on Iran could complicate any potential exit plans by MTN as they restrict the company’s ability to move large amount of foreing currency out of Iran. 

Iran’s Biggest eCommerce Platform ‘Digikala’ Crashes “Due to High Demand”

On 28 November, Iran’s largest e-commerce platform Digikala became unavailable for around 38 minutes ahead of the start of Black Friday sales. Ali Foroutannejad, Head of Engineering at Digikala said that “record breaking” traffic was seen on the platform from sellers listing their sale items. He added that they are looking to expand their capacity for next year. 

However, Amir Hoissein Mousavi, the Head of Communications at Digikala added that the capability for the number of users on the platform and its complexities currently “does not exist” in the country but that Digikala was looking to resolve the issue despite these limitations. 

Earthquake in Sistan and Baluchestan “Did not Impact MCI’s Network”

On 24 November a 5.1 magnitude earthquake shook parts of Sistan and Baluchestan Province. However, according to the telecommunications provider Hamrah-e-Aval (MCI) no disruptions were caused to providers’ services. 

 

About the author

Melody Kazemi

Filterwatch