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.

Source: National Mirror

Lol, bunch of jokers.

Good idea but I don't see this working out.

Dont worry, they will bribe their way through it! No be naija again ni?

It worked in UAE, India, South Africa, Brazil, Saudi Arabia etc.

Research in Motion (RIM) the maker of blackberry phones gave those governments a partial assess to the encryption decoder.

RIM negotiated with those Governments and reached a compromise and the case was settled.

Nairaland Rule 19 is like the 11th Commandment

talktimi: Good idea but I don't see this working out.

We are gradually going the way of China and the Arab world,we are losing our freedom.What is this govt really scared of?

guy1234: We are gradually going the way of China and the Arab world,we are losing our freedom.What is this govt really scared of?

Hmmmmmm questions that are yet to be answered

guy1234: We are gradually going the way of China and the Arab world,we are losing our freedom.What is this govt really scared of?

you can always seek better clarification on issues you dnt quite gasp. Do you knw that the NSA have access & do monitor all internet enabled systems in the USA? But of course its the USA so you wnt ask what the US gvt is afraid of nor will you fault it. Which freedom will u loose abeg? Freedom to plan and succesfully execute terror attacks through sms? The war against Terrorism must be fought from all fronts.

ok...

if i hear.

This little thing that 'we' use in distracting ourselves from all the dissatisfaction and nonsense around us, 'you' still want to take it away? Na wa o ...

Users Faith? Na una say make we no speak bad English ooooo!

o finaly, thnk God!!!

Ds must be in comedy section

they should have banned internet in Nigeria, that I think would have been more useful in preserving and restoring Nigeria's lost cultures and family values

it cannot happen

kross_01:
you can always seek better clarification on issues you dnt quite gasp. Do you knw that the NSA have access & do monitor all internet enabled systems in the USA? But of course its the USA so you wnt ask what the US gvt is afraid of nor will you fault it. Which freedom will u loose abeg? Freedom to plan and succesfully execute terror attacks through sms? The war against Terrorism must be fought from all fronts.

USA is a mature democracy,Nigeria is still battling to embrace civil rule
BIG DIFFERENCE!

Make dem no try am ooooo, We are not in China

And they say GEJ is not working!!

Such brave move!!!

.

Any encrypted messages could be decoded.

Ngwakwe: It worked in UAE, India, South Africa, Brazil, Saudi Arabia etc.

.

Is bb not used in these countries mentioned?

Good governance is what this country needs not another ploy by the executive to muscle the citizenry. Any intelligent and serious legislature should be able to identify at least a few items of impeachable offences in this move of the executive.

Am not buying this bu.llshit about BB encryption being that inpenetratable.if u are buyin this bul.lshit,you better keep your receipt.

Nna Mehnnn make i first warn my boys make dem stop to dey import UK used before dem go send me bak village. I beg i dey come bak come comment

Ordinary starcomms and Zoom they cannot access and monitor their networks; na for RIM dem wan go start...yeye dey smell!

ok na...hmm

Is black berry a phone or a fruit?

This must be april foool

I would rather loss my freedom of chat online in the hands of the military than this process.

RIM won't allow blackberrry to be banned in Nigeria. Nigeria accounts for a major stake of their income in Africa as a whole. They will sure find a way around it. More than 20 percent and even up to 30 percent of some of the telcos income comes various blackberry subscriptions in Nigeria. For now its still a good market for Blackberry in Nigeria so I believe interested stakeholders at large will find a way to resolve this with the NCC. There was a time BB was banned in India, sales of BB was halted in China, Saudi and some other countries due to this issue but they all found a way around it. Nigeria won't be an exception.

bolaino: Is black berry a phone or a fruit?

Its a fruity fone. U need to have one.