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[FYI] (Fwd) Proposed wiretap laws in South Africa
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- Date: Mon, 14 Dec 1998 09:19:42 +0100
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Date: Sun, 13 Dec 1998 14:06:36 +0200 (SAST)
From: Alan Barrett <firstname.lastname@example.org>
Subject: Proposed wiretap laws in South Africa
The South African Law Commission (a body that makes suggestions to the
central goverment about changes in legislation) has released a
discussion paper on interception and monitoring of electronic
Parts of the proposed legislation are reminiscent of the worst parts
of the US FBI-sponsored Digital Telephony legistation a few years ago:
* Notwithstanding the provisions of any other law, no person ... may
provide [any telecommunications service] which is not capable and
does not have the capacity to be monitored
* any person ... rendering a telecommunications service shall at own
cost ... acquire ... facilities ... to enable the monitoring of
conversations and communications ...
* the investment ... and operating costs in enabling a
telecommunications service to be capable of being mionitored,
shall be carried by the person ... rendering such a service
* duplicate signals ... shall be routed by the relevant person ...
the central monitoring centre, to be designated by ... [the
police], [the military], [the National Intelligence Agency], [the
South African Secret Service].
Whether Internet service providers are "telecommunication service
providers" in terms of relevant legislation is not entirely clear.
See the South African Law Commission web page at
<URL:http://www.law.wits.ac.za/salc/salc.html>, and follow the links
* Project 105
Review of Security Legislation
Discussion Paper 78
The Interception and Monitoring Prohibition Act 127 of 1992
or go directly to
<URL:http://www.law.wits.ac.za/salc/discussn/monitoring.pdf> for the
paper in PDF format.
--apb (Alan Barrett)