Africa and the Middle East
Telecommunication Interception and Access Law in Arab Countries
Arab countries are a developing country. In the last few years, the adoption of technology in Arab society has doubled. This is despite the fact that the number of internet users is still restricted to a mere 4.6% of the population (in 2006).
As a result, the lack of internet usage and other telecommunications facilities in business or for other purposes has resulted in a degree of negligence with respect to national security. Therefore, the internal security issues related to the establishment of secure local conditions and the reservation of good relationships with other countries indicates, in addition, the necessity of introducing new technological systems that allow control over usage of telecommunication tools in Arab Countries in a way that makes it secure for citizens and controlling the security issues inside the countries.
Arab Countries does not have telecommunication interception and access statutes. There is no writing on the issue of a law relating to telecommunications interception and access. There is also no analysis of the specific topic presently under examination, telecommunication interception and access law Arab Countries. However,Lebanonthe first country enactment interception law in 2009. Jordanian Constitution Act Article 18 stipulates that “all postal, telegraphic and telephonic communications shall be treated as secret and as such shall not be subject to censorship or suspension except in circumstances prescribed by law.” Consistent with human rights reports, security officers monitor internet communications and
telephone conversations, conduct surveillance and read private mail of persons who are considered to pose a threat to the government or national security. On the other hand, the Telecommunication Act provides that “telephone calls and private telecommunications shall be considered confidential matters that shall not be violated” and “any person who intercepts, obstructs, alters or strikes off the contents of a message carried through the telecommunications networks or encourages others to do so, shall be punished by imprisonment or fine.” Similarly, any person who “spreads or discloses the content of any communication through a Public or Private Telecommunications Network or a telephone message which came to his knowledge by virtue of his post, or records the same without any legal basis, shall be punished by imprisonment, fine or both”. In addition, the Telecommunication Act provides that any person who “withholds a message … copies or
reveals a message or tampers with the data related to any subscriber, including unpublished telephone numbers and sent or received messages shall be punished by imprisonment, fine or both.” Bahrain’s Telecommunication Authority has issued a policy in relation to telecommunication interception and access; this policy aimed to impose restrictions on companies such that they maintain records of all telephone calls and email communication, VOIP (Voice Over IP) and all website accessed by all citizens and residents in Bahrain for the last three years on the basis of national security concerns. This policy, however, from the
Telecommunications Authority was never submitted for due process by the Bahraini Parliament. The policy has never even been discussed by members of the Bahraini Parliament.
Lebanonwas the first Arab country to enactment a telecommunication interception regime in 1999 which did not come into force until 2009 when the Lebanese Cabinet finally adopted the Act. The Lebanese Telecommunication Interception Act aims to prevent abuse by and assault on the freedom of private citizens. Article 1 of the telecommunication interception Act provides “all postal, telegraphic and telephonic communications shall be treated as secret and as such shall not be subject to intercept or suspension except in circumstances prescribed by law “. The Act regulates the interception and access to telecommunications by requiring such conduct be based on judicial or administrative decisions. On the other hand,Moroccohas enacted amendments to the criminal law by adding articles containing telecommunication interception provisions.Moroccohas attempted to balance its new articles by controlling offensive activities whilst protecting national security. The amendments were enacted by the addition of 8 articles regulating telecommunication interception and the entities that provide them by requiring such entities obtain a note to get permission to intercept or access telecommunications as well as the time limit for listening. Furthermore, the offence being investigated should also be serious crimes.
In Egypt there is considerable controversy about telecommunication interception. Recently the Egyptian Minister of Communication noted that the ministry would allow security agencies to intercept telecommunications. This stance has provoked unrest in relation to such interceptions. Critics have noted that article 64/2 of the Telecommunications Act inEgyptpermits the security authorities to intercept telecommunications only when approved by a competent court. On this basis the role of the Public Prosecutor inEgyptis the protection of general privacy and the privacy of citizens and balancing the requirements of national security.