Showdown looms over cellphone snooping law
Despite months of painstaking attention to detail, legislation allowing government to intercept the communications of individuals could still face legal challenges from the telecommunications industry if it is enacted.
The Interception of Communication and Provision of Communication Related Information Amendment Bill, now before Parliament’s justice committee, seeks to regulate the industry, particularly cellphone companies, in an attempt to provide an instrument to combat crime.
Organised criminals increasingly use multiple SIM cards to avoid detection. Cellphones have also been used as triggers for bombs in terrorist attacks.
At issue is the complete registration of all cellphones, their SIM cards and other identification numbers, along with the full names and addresses of those buying cellphone services — either on contract (billed monthly) or pay as you go (prepaid).
Heavy penalties are provided for cellular service providers who fail to obtain and verify the personal details of all who are connected on their networks.
A further concern for cellphone companies which have been selling prepaid services from a wide variety of formal and informal outlets is the cost implication and the practical difficulties associated with registering prepaid customers.
While nothing has yet been agreed in the committee, and state legal advisers have been refining options for the committee’s consideration, it appears that the law will provide for a fine of R100000 a day if a service provider connects someone without having recorded and verified their personal details.
Another provision being considered would allow the licence of a telecommunications service provider to be revoked in the case of a second conviction.
A source in the telecommunications industry said that there were doubts about whether the revocation of licences would pass legal muster. The licences are granted by the Independent Communications Authority of SA which has constitutionally guaranteed independence to regulate the industry.
While the provision as presently drafted mentions the communications minister and the authority, some believe that it could still be challenged for transgressing the independence of Icasa.
Communications spokeswoman for the Democratic Alliance Dene Smuts said revoking a licence was an extreme measure and urged the justice commit tee to consult the communications committee.
It became clear recently that all foreign visitors to SA would have to register upon arrival before they could use international roaming services on their cellphones. Cellphone operators warned then of lengthy queues at airports and other points of entry and predicted chaos for the 2010 Soccer World Cup when hundreds of thousands of football fans would visit SA. They complained of hugely increased costs as they would have to have offices at points of entry so that visitors who wanted international roaming could be registered.
It appears that cellphone companies have been reprieved to a
The committee is poised to accept a provision that extends this period to a year.
Committee chairwoman Fatima Chohan indicated last week that it should be possible for the committee to finalise the bill when it meets today.
Loading ...