Appendix B: Government Responses

Human Rights Watch Translation of the Egyptian Government's Response

1. As regards Article 1-concerning laws or regulations governing the content of online information and communications-there are two types of regulation. The first, which by its very nature is dealt with by the Ministry of Culture, addresses various forms of artistic output (e.g. the censorship of immoral and indecent films).  The second deals with sexual harassment, issues of personal freedom and distressing others in any way either by e-mail or other means.  These regulations fall within the 2003 Communications Law, which criminalizes sexual harassment by telephone and misuse of the Internet in general.  All other content, whether in emails or otherwise, is unaffected by the law and is considered the inviolate property of the user.
2. As regards Article 2-concerning access the Internet-the Communications Law does not prevent any user from accessing the Internet or setting up accounts with either ISP service providers or other service providers including domestic Tel.Call landlines.
3. As regards Article 4 (there is no article 3)-concerning obtaining prior government approval to access the Internet or operate a Web site-there are no legal or procedural restrictions that prevent either individuals or institutions from accessing the Internet or operating Web sites.
4. As regards Article 5-concerning secrecy-ISP service providers are not required to provide the authorities with any information about their members or their activities on the Internet. The secrecy of such information is protected by law, and government authorities must obtain a court's permission before intervening to find out any information of this kind.
5. As regards Article 6-concerning encryption-the law prevents communications services operators and providers from using encryption technology until they have received permission to do so from the state communications agencies, the national security services and the armed forces.  It should be noted that permission is only granted if the reasons for employing encryption technology are found to be satisfactory.  Such permission has already been granted on numerous occasions.
6. As regards article 7-concerning content regulations-content remains unregulated except when the ISP service provider chooses to provide such regulation as a voluntary service to protect its customers from emotional distress or harassment. The government does not require the service provider to do this.
7. As regards blocking and censorship, it is unregulated by the authorities. However, service providers can provide this service to protect those accessing its sites, just as service provider companies can block indecent sites to protect families.  Sites may not be blocked or shut down without following the relevant legal procedures.  The law allows the executive authorities to issue regulations concerning sites that threaten the safety and security of society within the framework of existing laws.
8. As regards liability, there is no law that makes service providers responsible for the content of e-mail, other messages or the content of sites provided by content provider companies. Illegally hindering or interfering with such content is considered a criminal act. Content providers, not service providers, are responsible for the content of Web sites.
9. As regards Internet cafés and libraries, in general terms the law does not prevent, or allow any party to interfere in, their operation.  However, as is the case with all commercial activities anyone wishing to open an Internet café or library must first obtain a license from the relevant authorities. Such cafés may only be closed by court ruling.
10. As regards Article 11-concerning free or low-cost Internet access-there are extensive government programs to ease and reduce the cost of Internet access. For example: the 'Free Internet Initiative' program where Internet access costs no more than the cost of a regular phone call; the technology café project that to date has set up more than 1000 cafés throughout Egypt, designed to help those who cannot afford a computer enter the world of the Internet; the Community Service Center project which aims to use Egypt's network of around 4000 post offices to offer Internet access. In addition to these projects, over the last year the government has reduced the cost of high-speed internet access (ADSL) by 50 percent, much lower than the cost in neighboring countries.