NTC cannot take down Faeldon's website--official

By Erwin Lemuel Oliva, INQ7.net

AN OFFICIAL of the National Telecommunications Commission (NTC, www.ntc.gov.ph) said the agency has no power to take down the website of Marine Captain Nicanor Faeldon (www.pilipino.org.ph).

"We have no power over the Internet. The law [Republic Act 7925] is silent on this," NTC Deputy Commissioner Jorge Sarmiento told INQ7.net on Wednesday.

Republic Act 7925 is a law promoting and governing the development of Philippine telecommunications and delivery of public telecommunications services.

Representative Marcelino Libanan of Eastern Samar and Eduardo Veloso of Leyte, both pro-administration lawmakers, asked the NTC on Tuesday to shut down Faeldon's website.

INQ7.net reported previously that the website is hosted by a firm run by a Filipino based in General Santos City.

Philippine security researchers from the Philippine Honeynet Project (www.philippinehoneynet.org) said that they have traced Faeldon's website to a web server in Virginia, USA, owned by ServInt Internet Services.

However, the security researchers also noted that one of the servers hosting Faeldon's website is leased to a Filipino company called Network of Known Internet Addicts Hosting Sol (www.nokiahost.com). They further revealed that the company is a hosting provider based in General Santos City.

Job Oberio, owner of the Network of Known Internet Addicts Hosting Sol, said that he has not personally received orders or inquiries from government or anyone else asking the website to be shut down.

Oberio said Faeldon's website is still up because "they are still paying for our services."

"I own the Nokiahost [service]. But Faeldon is not the one transacting or subscribed to the service. We cannot give details since we have privacy rules. But when they first subscribed to our service, we didn't know it was Faeldon," said Oberio told INQ7.net in an earlier interview.

Oberio suspects that friends of Faeldon had subscribed to his company's web hosting service for the latter.

House Deputy Minority Leader and Bayan Muna Representative Satur Ocampo warned pro-administration lawmakers and the NTC on Wednesday against any move to take down Faeldon's controversial website.

"Faeldon's right to put up and maintain a website is protected by the constitutional provisions on free speech and free expression. Calls to shut down the Faeldon website do not have any legal or constitutional basis and seem aimed only at pleasing President Arroyo and vainly shielding her from legitimate criticism," Ocampo said in a statement.

"What is the administration afraid of? If they do something to Faeldon's website, it would be viewed locally and internationally as nothing more than censorship," said Ocampo.

The congressman stressed that the government has no right to interfere, impede or hamper free expression by the people.

"Everyone has the right to criticize the government and even call for civil disobedience, as what Faeldon had done through his website. It is not a crime. Those who say otherwise do so because they are at the receiving end of the criticisms and protests."

Ocampo added that if the NTC shuts down the Faeldon website, it could be a bad precedent to the closure of other websites and blogs, a growing number of which have become critical of the Arroyo government.

The fugitive leader of the Magdalo group, who escaped last December 14 after a court hearing for leading the foiled military mutiny in Oakwood, has been calling for the ouster of President Gloria Macapagal-Arroyo through his website.

Apparently taunting government, Faeldon even posted pictures and videos of his alleged visits to military and police installations after his escape.

He was recaptured last week but the website was updated afterwards.