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Extreme injustice — a legal mandate for bigotry

Why the religious persecution of minorities in Pakistan is getting worse.

Standing on a dusty street under the Karachi sun, already blazing at 9am, it strikes me that I am being rejected. I am at a Christian-run school, amongst a crowd of parents vying for appointments to secure admission for their children. The reception, if that is the word for it, is a hatch in the brick wall, behind which sits a harried looking man with a stack of papers and a phone. After wrestling my way to the front, I explain that I am here to talk to the headmaster about religious discrimination.

The man phones the headmaster's personal assistant. I explain my connection to the acquaintance that told him to expect me, and tell her that I'm researching Christians in Pakistan. After nearly 10 minutes, standing on the pavement with the phone cord pulled awkwardly out into the street, I realise that the line has gone dead and she's hung up the phone. The man behind the desk is distinctly unimpressed, given the crowd amassing behind me. Convinced the line has been accidentally cut off, I ask him to call again. The PA's tone is markedly different. "You're not the only person I'm dealing with," she snaps. "The father doesn't have time for all this."

When I speak to my acquaintance later that day, he shrugs. "Don't be offended," he says. "He is prominent so he is easily identifiable. Are you surprised he is scared to talk?"

Pakistan was conceived as a secular state with Islam as its main religion. "We have many non-Muslims -- Hindus, Christians, and Parsis -- but they are all Pakistanis," said the country's founder, Muhammad Ali Jinnah in a celebrated speech. However, in the late 1970s and 1980s, the military dictator General Zia-ul-Huq engaged in a repressive programme of 'Islamisation'. Among his actions was the introduction of a set of blasphemy laws, under which a person can face indefinite imprisonment or even the death penalty for criticising the Prophet Muhammad or the Qur'an.

The current debate is not about the existence of the law itself (many countries have blasphemy laws, as did the UK until 2008), but about the exceptionally harsh penalties and the very light burden of proof. Hardly any evidence is required - the accuser can even refuse to repeat the blasphemy in court for fear of committing the crime himself - and so the law is frequently used as a means of settling personal scores or stirring up sectarian tension.

The issue came to international attention last November, when Aasia Bibi, a Christian mother of five, was sentenced to death for "insulting the Prophet". The remarks were allegedly made after co-workers refused to share water that she had carried, on the basis that Christians are unclean. Throughout her trial, she did not have access to a lawyer.

Aasia's case was taken up by three politicians in the ruling Pakistan People's Party, who called for reform: Salman Taseer, the governor of Punjab (Pakistan's most populous state), Shahbaz Bhatti, the Minorities Minister, and Sherry Rehman, a prominent backbencher.

The consequences speak for themselves. On 4 January, Taseer was shot dead by his own bodyguard outside a coffee shop in Islamabad. On 2 March, Bhatti too was shot by assassins from the Pakistani Taliban. Rehman is living in semi-hiding in fear for her life. And on 2 February, soon after Taseer was killed, the prime minister, Yousuf Raza Gilani, told his government that he would not touch the law and that all reform would be shelved: "We are all unanimous that nobody wants to change the law."

It is easy to see why people might be afraid to speak out in favour of change. Taseer's daughter Shehrbano is a recent graduate working as a journalist for Newsweek in Lahore. "Very few people condemned my father's murder," she tells me when we speak on the phone. "Everyone was so petrified that they'd be next. That's how terrorists operate. The night that my father died, I thought, OK, this is going to be a huge watershed moment in the history of Pakistan. But the complete opposite happened. We went ten steps back."

This anger at the government's handling of the assassinations is shared by many. "I feel very strongly about it, of course I do. But I won't say anything because I don't want to get shot," a diplomat tells me. "Even my servants could betray me. It was his bodyguard - a servant - who shot him."

There is a real sense of fear among the ruling classes. One evening, a PPP former minister tells me that he hates the idea of having an armed guard and drives himself everywhere - but keeps this fact to himself, and makes sure to take different routes and not to travel at the same time every day.

Caste out

About 96 per cent of Pakistan's population is Muslim. However, the 4 per cent minority of Christians, Hindus and Islamic sects such as the Ahmadis (regarded as non-Muslims) translates to nearly ten million people, the equivalent of the population of Tunisia.

Well before the Taliban became a political force in the country, minorities faced serious social discrimination. I speak to Sujawal Massey, a Christian man who works as a sweeper - one of the lowest-status jobs there is. Aware of his position in this acutely class-bound society, he does not sit down, but hovers awkwardly as we talk in the living room of the lavish house where he works, looking at the floor except when spoken to.

He tells me it is difficult to find work. "They don't let us move ahead. We get no chances. If they know you're a Christian they say: there's no room here for you."

I ask what impact this has on a day-to-day level. "If we end up somewhere where there are Muslims, we're in trouble if they discover we're Christian," he says. "We don't tell them we're Christian in the market, because they won't give us anything. They won't even let us drink from a glass."

His employer tells me that while she insists that he is fed with the other servants (most of whom live in quarters in the house) many of her friends do not do the same for Christian members of staff. She keeps separate utensils for him to eat with, because her Muslim servants are unwilling to share theirs with him.

The reluctance to share water was also central to the Aasia Bibi case. "It is a carry-over from the Hindu caste system - the idea of untouchability," explains Dr Theodore Gabriel, a University of Gloucestershire academic and author of a study of Pakistan, Christian Citizens in an Islamic State. "Most of the Christians in Pakistan come from a low caste. The 'untouchable' or Dalit class were targets of missionary activity during colonisation, so they have come from a low economic and social background."

This social persecution remains in place even for those who have worked their way out of typical 'untouchable' jobs. I visit a beauty salon in an affluent suburb of Karachi, owned by a Christian Pakistani woman, Jane Peters. The shop is busy, with several Muslim women waiting to be seen.

However, all is not well behind the scenes. "There are terrible problems," she tells me. "I pay my bills, I pay my taxes, but the neighbours have had the water supply cut off." This means that she cannot get running water to the shop, and instead has to buy it in tankers each morning and manually heat the water required for hair-washes and manicures. The process of giving treatments is delayed by staff having to carry kettles and basins of hot water up and down stairs.

The shop is staffed entirely by Christian girls - "otherwise there are quarrels," explains Peters - and so it provides a rare employment opportunity for those who would otherwise end up in menial positions. One of the girls tells me that she quit school prematurely so that she could take the job, and is trying to complete her education part-time. "It is very hard for us to find employment," she says.

No change

It goes beyond sharing water. Gabriel describes school textbooks which claim that Christians worship three Gods, and define citizens of Pakistan as Muslims. "That means Christians are not regarded as citizens - if a textbook says that, then that is what children are learning. It's not going to foster tolerance, is it?"

Speaking to Christians, I am struck by their acceptance. "People are afraid," explains Peters' daughter, Sabiha, an articulate young woman who speaks fluent English. "If we make a fuss, it's very easy for someone to accuse us of blasphemy. It affects the poorer communities more, but it is a worry for everyone."

This type of discrimination is deeply entrenched, given that it pre-existed the formation of Pakistan by more than a thousand years. But is it worsening given the increasing influence of extremist ideas? Many view the decision to shelve reform of the blasphemy law as a victory for the militants. The women in the beauty salon - educated and politically aware - share this view. Yet when I asked Massey whether he was afraid and if he felt his situation could be improved, it was clear that the world of law and reform was alien to him.

"We are very few in a big nation, so we try to stay out of trouble," he says. "Maybe someone can help but we don't know who there is or is not. Politicians don't give us any importance." During the interview, my interpreter wells up. Later, she tells me that she was distressed by his total acceptance of the status quo.

This social discrimination is intensifying, says Ali Dayan Hasan, country director for Human Rights Watch in Pakistan. "Empowered extremists are making more frequent use of the legal tools at their disposal to persecute minorities. They are also killing them with impunity in a way they haven't done before."

He explains that rising extremism means that minorities are increasingly targets. "The militancy is contributing to it, but the fact of the matter is that the structure of these legal frameworks essentially makes the Pakistani state a partisan, sectarian actor, rather than a neutral arbiter between citizens. That tilts the balance in favour of the persecutor rather than the persecuted."

It appears that there is no real appetite for change. Most of the Muslim Pakistanis I speak to agree that there are problems with community relations, but prioritise other concerns.

"We have no human rights," says Iqbal Haider, a human rights lawyer who served in both Benazir Bhutto's governments, slamming his glass down on the table. "If I don't have the right to survive, all other rights are meaningless. And if the majority is not safe, then how can you expect the minorities to be? Nobody is safe."

He draws attention to the thousands of lives lost to terrorist attacks in the country since the beginning of the 'war on terror'. The death toll is rising each year and currently stands at record levels. "The Muslim places of worship are not safe. This is the greatest tragedy of Pakistan," he shouts. "Forget about the Christian church, forget about the Hindu temples. Muslim mosques are unsafe." Several days later, a big attack on a Sufi shrine in the Dera Ghazi Khan district kills 40 people.

While many Pakistanis brush over the impact that the government's retreat over the blasphemy law will have on religious minorities, most acknowledge that this refusal to stand behind the reformers handed the extremists a symbolic and practical victory.

"Salman Taseer was not just an ordinary citizen, "says Haider. "He was a representative of the federation. Shahbaz Bhatti was not just a Christian leader. He was a minister of Pakistan. It was an attack on the government. It is a matter of shame that the government is succumbing to this violence, and does not take these attacks as an attack on their existence."

The government's retreat leaves little hope for reform of these repressive laws, or for the introduction of legal steps to penalise discrimination. Moreover, the legislation is just one part of the complex Pakistani state system. "You have a judiciary that is in sympathy with many extremist views, that feels that it is its duty to uphold discriminatory laws," Dayan Hasan explains. "You also have a military that has a historical alliance with extremist groups and tends to view them with a higher level of tolerance. So when we criticise the government and its inaction, which absolutely needs to be done, we have to contextualise it within the framework of the forces arrayed on the tide of intolerance and extremism."

Yet Shehrbano Taseer sees some cause for optimism. "These laws won't go away tomorrow, but something huge has happened from my father's murder - these laws are being talked about. Nobody knew the cases, the stories, the numbers, the origins of the laws. All of this has come forward. It's important that the debate and criticism should not die with him. My father always said it's not about religion, it's not about politics: it's about humanity. He was genuinely concerned about the humanitarian crisis in Pakistan."

Some names have been changed to protect identities

Samira Shackle is a staff writer for the NS

Samira Shackle is a freelance journalist, who tweets @samirashackle. She was formerly a staff writer for the New Statesman.

This article first appeared in the 08 August 2011 issue of the New Statesman, Slum rule

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Are smart toys spying on children?

If you thought stepping on a Lego was bad, consider the new ways in which toys can hurt and harm families.

In January 1999, the president of Tiger Electronics, Roger Shiffman, was forced to issue a statement clearing the name of the company’s hottest new toy. “Furby is not a spy,” he announced to the waiting world.

Shiffman was speaking out after America’s National Security Agency (NSA) banned the toy from its premises. The ban was its response to a playground rumour that Furbies could be taught to speak, and therefore could record and repeat human speech. “The NSA did not do their homework,” said Shiffman at the time.

But if America’s security agencies are still in the habit of banning toys that can record, spy, and store private information, then the list of contraband items must be getting exceptionally long. Nearly 18 years after TE were forced to deny Furby’s secret agent credentials, EU and US consumer watchdogs are filing complaints about a number of WiFi and Bluetooth connected interactive toys, also known as smart toys, which have hit the shelves. Equipped with microphones and an internet connection, many have the power to invade both children’s and adults’ private lives.

***

“We wanted a smart toy that could learn and grow with a child,” says JP Benini, the co-founder of the CogniToys “Dino”, an interactive WiFi-enabled plastic dinosaur that can hold conversations with children and answer their questions. Benini and his team won the 2014 Watson Mobile Developer Challenge, allowing them to use the question-answering software IBM Watson to develop the Dino. As such, unlike the “interactive” toys of the Nineties and Noughties, Dino doesn’t simply reiterate a host of pre-recorded stock phrases, but has real, organic conversations. “We grew it from something that was like a Siri for kids to something that was more conversational in nature.”

In order for this to work, Dino has a speaker in one nostril and a microphone in the other, and once a child presses the button on his belly, everything they say is processed by the internet-connected toy. The audio files are turned into statistical data and transcripts, which are then anonymised and encrypted. Most of this data is, in Benini’s words, “tossed out”, but his company, Elemental Path, which owns CogniToys, do store statistical data about a child, which they call “Play Data”. “We keep pieces from the interaction, not the full interaction itself,” he tells me.

“Play Data” are things like a child’s favourite colour or sport, which are used to make a profile of the child. This data is then available for the company to view, use, and pass on to third parties, and for parents to see on a “Parental Panel”. For example, if a child tells Dino their favourite colour is “red”, their mother or father will be able to see this on their app, and Elemental Path will be able to use this information to, Benini says, “make a better toy”.

Currently, the company has no plans to use the data with any external marketers, though it is becoming more and more common for smart toys to store and sell data about how they are played with. “This isn’t meant to be just another monitoring device that's using the information that it gathers to sell it back to its user,” says Benini.

Sometimes, however, Elemental Path does save, store, and use the raw audio files of what a child has said to the toy. “If the Dino is asked a question that it doesn’t know, we take that question and separate it from the actual child that’s asking it and it goes into this giant bucket of unresolved questions and we can analyse that over time,” says Benini. It is worth noting, however, that Amazon reviews of the toy claim it is frequently unable to answer questions, meaning there is potentially an abundance of audio saved, rather than it being an occasional occurrence.

CogniToys have a relatively transparent Privacy Policy on their website, and it is clear that Benini has considered privacy at length. He admits that the company has been back and forth about how much data to store, originally offering parents the opportunity to see full transcripts of what their child had been saying, until many fed back that they found this “creepy”. Dino is not the first smart toy to be criticised in this way.

Hello Barbie is the world’s first interactive Barbie doll, and when it was released by Mattel in 2015, it was met with scorn by parents’ rights groups and privacy campaigners. Like Dino, the doll holds conversations with children and stores data about them which it passes back to the parents, and articles expressing concerns about the toy featured on CNN, the Guardian, and the New York Times. Despite Dino’s similarities, however, Benini’s toy received almost no negative attention, while Hello Barbie won the Campaign for a Commercial-Free Childhood’s prize for worst toy of the year 2015.

“We were lucky with that one,” he says, “Like the whole story of the early bird gets the worm but the second worm doesn’t get eaten. Coming second on all of this allowed us to be prepared to address the privacy concerns in greater depth.”

Nonetheless, Dino is in many ways essentially the same as Hello Barbie. Both toys allow companies and parents to spy on children’s private playtimes, and while the former might seem more troubling, the latter is not without its problems. A feature on the Parental Panel of the Dino also allows parents to see the exact wording of questions children have asked about certain difficult topics, such as sex or bullying. In many ways, this is the modern equivalent of a parent reading their child's diary. 

“Giving parents the opportunity to side-step their basic responsibility of talking to, engaging with, encouraging and reassuring their child is a terrifying glimpse into a society where plastic dinosaurs rule and humans are little more than machines providing the babies for the reptile robots to nurture,” says Renate Samson, the chief executive of privacy campaign group Big Brother Watch. “We are used to technology providing convenience in our lives to the detriment of our privacy, but allowing your child to be taught, consoled and even told to meditate by a WiFi connected talking dinosaur really is a step in the wrong direction.”

***

Toy companies and parents are one thing, however, and to many it might seem trivial for a child’s privacy to be comprised in this way. Yet many smart toys are also vulnerable to hackers, meaning security and privacy are under threat in a much more direct way. Ken Munro, of Pen Test Partners, is an ethical hacker who exposed security flaws in the interactive smart toy “My Friend Cayla” by making her say, among other things, “Calm down or I will kick the shit out of you.”

“We just thought ‘Wow’, the opportunity to get a talking doll to swear was too good,” he says. “It was the kid in me. But there were deeper concerns.”

Munro explains that any device could connect to the doll over Bluetooth, provided it was in range, as the set-up didn’t require a pin or password. He also found issues with the encryption processes used by the company. “You can say anything to a child through the doll because there's no security,” he says. “That means you've got a device that can potentially be used to groom a child and that's really creepy.”

Pen Test Partners tells companies about the flaws they find with their products in a process they call “responsible disclosure”. Most of the time, companies are grateful for the information, and work through ways to fix the problem. Munro feels that Vivid Toy Group, the company behind Cayla, did a “poor job” at fixing the issue. “All they did was put one more step in the process of getting it to swear for us.”

It is one thing for a hacker to speak to a child through a toy and another for them to hear them. Early this year, a hack on baby monitors ignited such concerns. But any toy with speech recognition that is connected to the internet is also vulnerable to being hacked. The data that is stored about how children play with smart toys is also under threat, as Fisher Price found out this year when a security company managed to obtain the names, ages, birthdays, and genders of children who had played with its smart toys. In 2015, VTech also admitted that five million of its customers had their data breached in a hack.

“The idea that your child shares their playtime with a device which could potentially be hacked, leaving your child’s inane or maybe intimate and revealing questions exposed is profoundly worrying,” says Samson. Today, the US Electronic Privacy Information Center (EPIC) said in a statement that smart toys “pose an imminent and immediate threat to the safety and security of children in the United States”. 

Munro says big brands are usually great at tackling these issues, but warns about smaller, cheaper brands who have less to lose than companies like Disney or Fisher Price. “I’m not saying they get it right but if someone does find a problem they’ve got a huge incentive to get it right subsequently,” he says of larger companies. Thankfully, Munro says that he found Dino to be secure. “I would be happy for my kids to play with it,” he says. “We did find a couple of bugs but we had a chat with them and they’re a good bunch. They aren’t perfect but I think they’ve done a hell of a lot of a better job than some other smart toy vendors.”

Benini appears alert to security and the credibility it gives his company. “We took the security very, very seriously,” he says. “We were still building our systems whilst these horror stories were coming about so I already set pipelines and parameters in place. With a lot of devices out there it seems that security takes a backseat to the idea, which is really unfortunate when you’re inviting these devices into your home.”

As well as being wary of smaller brands, Munro advises that parents should look out for Bluetooth toys without a secure pairing process (ie. any device can pair with the toy if near enough), and to think twice about which toys you connect to your WiFi. He also advises to use unique passwords for toys and their corresponding apps.

“You might think ‘It's just a toy, so I can use the same password I put in everything else’ – dog’s name, football club, whatever – but actually if that ever got hacked you’d end up getting all your accounts that use that same password hacked,” he says.

Despite his security advice, Munro describes himself as “on the fence” about internet-connected smart toys as a whole. “Most internet of things devices can be hacked in one way or another,” he says. “I would urge caution.”

***

Is all of this legal? Companies might not be doing enough ethically to protect the privacy of children, but are they acting responsibly within the confines of the law?

Benini explains that Dino complies with the United States Children's Online Privacy Protection Act (COPPA) of which there is no real equivalent in the UK. COPPA says that companies must have parental permission to collect personal information over the internet about children under 13 years of age. “We’ve tried to go above and beyond the original layout of COPPA,” says Benini, when describing CogniToys transparent privacy documents. Parents give their consent for Elemental Path to collect their children’s data when they download the app that pairs with the toy.

Dino bears a striking similarity to Amazon Echo and Google Home, smart speakers that listen out for commands and questions in your home. Everything that is said to Amazon Echo is recorded and sent to the cloud, and an investigation by the Guardian earlier this year discovered that this does not comply with COPPA. We are therefore now in a strange position whereby many internet of things home devices are legally considered a threat to a child’s privacy, whereas toys with the same capabilities are not. This is an issue because many parents may not actually be aware that they are handing over their children’s data when installing a new toy.

As of today, EU consumer rights groups are also launching complaints against certain smart toys, claiming they breach the EU Unfair Contract Terms Directive and the EU Data Protection Directive, as well as potentially the Toy Safety Directive. Though smart toys may be better regulated in Europe, there are no signs that the problem is being tackled in the UK. 

At a time when the UK government are implementing unprecedented measures to survey its citizens on the internet and Jeremy Hunt wants companies to scour teens’ phones for sexts, it seems unlikely that any legislation will be enacted that protects children’s privacy from being violated by toy companies. Indeed, many internet of things companies – including Elemental Path – admit they will hand over your data to government and law enforcement officials when asked.

***

As smart toys develop, the threat they pose to children only becomes greater. The inclusion of sensors and cameras means even more data can be collected about children, and their privacy can and will be compromised in worrying ways.

Companies, hackers, and even parents are denying children their individual right to privacy and private play. “Children need to feel that they can play in their own place,” says Samson. It is worrying to set a precedent where children get used to surveillance early on. All of this is to say nothing of the educational problems of owning a toy that will tell you (rather than teach you) how to spell “space” and figure out “5+8”.

In a 1999 episode of The Simpsons, “Grift of the Magi”, a toy company takes over Springfield Elementary and spies on children in order to create the perfect toy, Funzo. It is designed to destroy all other toys, just in time for Christmas. Many at the time criticised the plot for being absurd. Like the show's prediction of President Trump, however, it seems that we are living in a world where satire slowly becomes reality.

Amelia Tait is a technology and digital culture writer at the New Statesman.