Freedom of expression

Freedom of expression is a fundamental human right derived from the inherent dignity of all persons.

Freedom of expression and privacy are the most material human rights risks in telecommunications. The main risks include complicity in human rights violations following excessive governmental requests, which are to the detriment of freedom of expression and privacy. International standards on human rights go beyond identifying and managing material risks to TeliaSonera itself – they relate to the risks to individuals.

TeliaSonera’s Board of Directors adopted a Group Policy on Freedom of Expression in Telecommunications in December 2013. The primary purposes of this policy are to reduce human rights risks and to ensure that our customers feel confident that TeliaSonera will, whenever possible, respect and safeguard their freedom of expression when we receive requests or demands from governments in relation to requests or demands that have potentially serious impacts on freedom of expression in telecommunications. The policy is – to the best of our knowledge – the most far-reaching policy of its kind in the industry.

Surveillance

Government monitoring or blocking or take-down requests often serve a legitimate purpose, including protecting human rights. However, there are also major government requests that are “problematic” and might conflict with freedom of expression and privacy. TeliaSonera may be legally required to comply with such requests and, like other telecommunications companies, only have limited leverage with which to investigate, challenge, or reject such requests. In some countries, this dilemma places TeliaSonera at a heightened risk of being linked to severe human rights abuses. These risks are further heightened in relationships with state entities and the fact that major requests often are strictly confidential.

Useful information on surveillance of communications

Governments and authorities (e.g., police, security authorities, customs officials, etc.) conduct various types of communications surveillance (e.g., calls, SMS, e-mail, web surfing) by imposing obligations on telecommunications companies in connection with criminal investigations and national security issues.

Government surveillance of communications can be classified into general categories, such as:

1. requests from law enforcement authorities:

• real-time access to the content of communications (e.g., listening in to voice calls) and access to historical content (e.g., checking what was written in an SMS);
• real-time access to traffic data (e.g., checking who is calling whom, when, and for how long);
• access to historical traffic data that the provider has stored or retained (e.g., checking who has called whom, when, and for how long);
• access to subscription data that the provider has stored or retained (e.g., checking who is the subscriber of a certain telephone number);
• access to location information, that is, access to information on the location of mobile terminals / phones (e.g., from which block in the city is a call made).

        2. signals intelligence, that is, intelligence- gathering through analysis and processing of communication signals (e.g., the National Defence Radio Establishment in Sweden);
        3. real-time access without requests; technical systems for more extensive monitoring of telecommunications (e.g., mass surveillance by national security authorities);
        4. shutting down, blocking, or restricting access (e.g., shutdown of SMS communications; blocking access to the internet or to certain websites).

“Major requests or demands”

The policy defines TeliaSonera’s commitments in relation to requests or demands with potentially serious impacts on freedom of expression in telecommunications. Such requests or demands are distinct from normal “uncontroversial” routine requests for lawful, targeted surveillance. Lawful, targeted surveillance includes requests for TeliaSonera to provide details of specific customers’ communications, usually historic communications metadata, traffic data, location data, and / or content. Those requests form part of many investigations made by law enforcement authorities in criminal cases.

“Major requests or demands” addressed to TeliaSonera, covered by the policy, may relate to:

• targeted surveillance in exceptional cases;
• mass surveillance, in which the authorities demand unrestricted real-time network access;
• shutdown of an entire network, or parts thereof;
• blocking or restricting access to specific services, internet websites, or content;
• blocking or restricting individual customers’ access to services or networks;
• obligations to transmit mandatory communications issued by government authorities;
• proposals for new laws or imposition of significant operational changes.

Important elements in the TeliaSonera policy

All companies in TeliaSonera shall adopt a “point of challenge” and make careful assessments of all major requests and demands that may impact the freedom of expression. The assessments include, to the extent relevant:

• a legal assessment;
• an assessment to determine if the request or demand could have serious impacts on freedom of expression;
• an assessment on how to interpret the demand as specifically (narrowly) as possible;
• a business-impact assessment (e.g., risk of license, company assets, reputation);
• an assessment of any risks to the safety and liberty of company personnel.

A strict escalation procedure for decision making is put in place to follow the policy. Formal decisions on the extent of compliance or refusal to comply with problematic requests or demands shall not be made at the local company level, unless there are exceptional reasons.

We are aware of the fact that our power to ensure freedom of expression in markets where we operate is limited. We can make a long-lasting difference only by working together with our industry peers. In 2011
TeliaSonera helped form an initiative, the “Telecommunications Industry Dialogue on Freedom of Expression and Privacy,” in which a number of the industry’s leading companies have taken part. The freedom of expression policy TeliaSonera has adopted is largely the result of learnings in context of this initiative.

The latest version of the TeliaSonera Group Policy on Freedom of Expression in Telecommunications is available at www.teliasonera.com

We have the same interests as our users

With the new policy in place, we are better equipped to promote freedom of expression in all markets where we operate. We believe this is in and of itself a good thing for our customers, and for us as a company. After all, we are in the business of providing the means for people to express themselves.

As a leading provider of telecommunication services, TeliaSonera is a vital part of the social and economic infrastructure in the markets where we operate. TeliaSonera provides tools and services that can significantly promote freedom of expression, even in countries where such freedoms are so far limited. However, these tools and services are subjects to legislative, administrative, license, or law enforcement requAirements, to which we are obliged to adhere, but which may impact an individual’s freedom of expression. This is why we adopted this policy. 

Johan Dennelind, CEO and President, TeliaSonera