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.
Our source 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.
National Mirror
