blackberry services could be at risk of being banned in the country
as a new regulation by the Nigerian Communications Commission, NCC, will
run counter to the technical operating standards of the phone’s
distinct network.
National Mirror exclusively gathered yesterday that the telecoms regulator was working on a regulation, which would make it mandatory for any licensee in the nation’s telecoms market to provide access to its communications facilities for necessary interception by the law enforcement agencies.
To be called ‘Lawful interception of communications regulations”, the
regulation, which is currently at the draft stage, is based on the need
to provide a legal and regulatory framework for the lawful interception
of communications in Nigeria and the collection and disclosure of
intercepted communication.
It will also specify the nature and types of communications to be
intercepted; prescribe penalties for noncompliance with the regulations;
provide a notification to the commission of all warrants issued,
amended, renewed or cancelled under the regulations as well as ensure
the privacy of subscribers as contained in the Nigerian constitution. It
was gathered that Section 13 of the regulation Protected or Encrypted
Communications will run counter to the technical operations of
Blackberry.
By their designs and unlike other mobile devices, Blackberry messages
are encrypted and where criminal investigation is required, the law
enforcement agents will face denial of access to Blackberry network.
Specifically, Section 13 of the regulation empowers the National
Security Adviser, NSA, and the State Security Service, SSS, to request
the disclosure of protected or encrypted communications.
According to the regulation: “Where the communications intercepted is
an encrypted or protected communication, the licensee shall provide the
National Security Adviser and the State Security Service with the key,
code or access to the protected or encrypted communication.
“Where the key or code is in the possession of another person, the
licensee shall be under an obligation to request such other person to
disclose the key or code to the National Security Adviser and the State
Security Service for the purpose of complying with a warrant.” The
regulation, under Section 20, also specifies the penalties for
contravention.
“If a licensee or any of its officers, manager, chief executive
officer, secretary or other similar officers of the licensee required
under this regulation fails to comply with the provision of this
regulations, such licensee or its officers shall be liable to a fine of
N5m. If such an offence is continuing, such a licensee or officer shall
be liable to a daily default penalty of N500,000.” The regulation
clearly states that the commission may revoke the licence of the
licensee for failure to comply with the regulation.
“The commission shall give a prior written notice to the licensee of
such revocation, not less than 30 days to the withdrawal of the
licensee.” Also, the commission may institute an action for
non-compliance through injunction or specific performance or any or such
other judicial means of enforcing a duty or obligation imposed on a
licensee pursuant to the regulations.
However, Blackberry messenger, email and web services are sent over
an encrypted network and the company maintains a strict policy of
non-disclosure of pass codes or keys to government officials.
Last year, officials of Blackberry said the Blackberry users in
Nigeria were about three million and these individuals face an uncertain
future in case of possible revocation of Blackberry licence by the
regulator, given its stern position not to release the key to its
encrypted network to any government officials.
Blackberry has continued to face widespread concern over its strong
data encryption, which is beloved by corporate customers eager to guard
secrets, but troublesome for some governments in the Middle East and
Asia that it could be used by militants to avoid detection.
It will be recalled that between 2010 and 2011, Indian government
threatened to ban Blackberry over the phone manufacturer’s failure to
provide access to customers’ corporate e-mails to the government.
The Indian government request for access to the Blackberry network
was part of a broader effort by the country’s intelligence to monitor
security threats made via mobile phones and the internet. Saudi Arabia
and the United Arab Emirates had also in 2010 threatened to cut off
Blackberry services due to its encryption policy.
National Mirror also gathered that the NCC’s current move
was in line with strategic measures of the Federal Government to ensure
maximum national security by providing a legal framework that empowers
the law enforcements agencies to access any licensed communication
network in the country.
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