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Rica: 'Let common sense prevail'

TARRYN HARBOUR | JOHANNESBURG, SOUTH AFRICA - Mar 10 2010 14:28

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The Regulation of Interception of Communications Act (Rica) is not just for those with cellphones -- it affects all internet users too.

Whether you get your internet through your phone line from a service provider (iBurst, MWeb, Neotel) or through a data card on your cellphone, section 40 of Rica says that you must be registered in terms of the Act.

Rica makes it compulsory for everybody with cellphones, everybody buying a new SIM card, and all broadband internet users to register at their service provider with proof of residence and their identity document or passport. It was introduced to help fight illegal activities, particularly organised crime, where the criminals buy cheap pay-as-you-go SIM cards that cannot be traced.

But while Rica-ing your cellphone number may be a matter of simply visiting the local branch of your mobile service provider, customers of internet service providers (ISPs) may find the process somewhat more challenging.

Rica stipulates that the ISPs must personally verify the documents that their customers are required to submit before a service can be activated. But many ISPs are online businesses, which means they sign up customers and maintain relationships with them over the internet.

"An ISP may be based in Cape Town but provide internet access to the whole of South Africa. It is not clear … how such an ISP will be able to verify Rica documentation in person where its customers are hundreds or thousands of kilometres away," said Dominic Cull, regulatory adviser to the Internet Service Providers' Association of South Africa (ISPA), in a press release.

Rica a long and costly process
Cull claimed that the registration of cellphone users is costing the mobile service providers a "massive" amount of money, and that it appears the process will not be completed by the end of December 2010.

"If the mobile providers are struggling to comply with personal verification then it follows that personal verification will be close to impossible for ISPs to comply with. Most of our members have a purely online relationship with their customers since they do not provide a physical component for their services, such as a SIM card," said Cull.

Tlali Tlali, spokesperson for the Department of Justice, told the Mail & Guardian it was aware there will be challenges with the implementation of Rica.

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"It is the responsibility of the service providers to ensure compliance with Rica. We are not naïve to the fact that there will be challenges, but this is not an excuse for failure to comply. But we will deal with each situation as it arises, on its own merits."

Help for ISPs
The ISPA has noted that the Department of Justice has taken "a number of steps" to address its concerns about the logistics of customer registration and verification; "In particular, the amendments to section 39 of Rica that will allow ISPs to use agents to verify customer documents."

But the ISPA questioned why Rica did not allow the verification of documents in electronic format when the Electronic Communications and Transactions Act of 2002 created a framework to do this. "South African law clearly provides for verification of documents in electronic format, and the ISPA is not sure why this framework is not being used for customer registration under Rica."

Tlali explained that some things are still under consideration, and details were still being worked out. He added that meetings will be held with all stakeholders on a six-monthly basis to discuss the situation with regards to implementation of Rica across the sector.

"We do not want to cause inconvenience to anyone; we want to be flexible, but without compromising on the terms of the Act. We want to get as much compliance as possible."

Cull told the M&G that the ISPA has not been involved in any sort of stakeholders' consultation meeting. "But we would absolutely welcome it," he said.

Practically speaking
Cull noted that relooking at the definition of an ISP would help to lessen the doubt over who exactly Rica applies to. "If you cut down on the broad definition of ISPs -- at the moment it could extend to varsities, offices, and even families -- and just make it apply to those companies with licences who provide access to the internet.

"We have no problem with the concept of verification, but we would like common sense to prevail. All ISPs are in a state of uncertainty, a grey area. We're doing our best but it's difficult for us to personally verify our customers," he added.

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Comments

As much as this RICA legislation is said to be one way of combating crime, one wonders how effective it will be in the end. It does seem that the legislation will infringe on people rights to privacy, but up to now no-one from the South African public has raised a dissenting voice to this possibility. The legislation also smacks of Americanism. Remember the Homeland Security Act in the USA, where citizens' homes can be searched without court-issued warrants, telephones tapped nilly-willy, internet and e-mail traffic intercepted? Is that where this RICA things is taking us?

Mack Nyati on March 10, 2010, 4:07 pm

@ Mack
My first thoughts as well. I'm also positive that just like in the USA the wiretapping/snooping/searches will do plenty to violate the privacy of normal people and put them at the mercy of unaccountable government agents but prove worthless in the persuit of real criminals and terrorists.

Benny Alberts on March 10, 2010, 4:32 pm

Yes
Big Brother becomes an ever more likely reality.
You are being watched

Isabella Van der Westhuizem on March 10, 2010, 5:30 pm

nevermind the invasion of privacy! this has already created a Black market for people to sell sim cards and fleece people who cannot register because they havent got the necessary documents. millions of black informal settlement dwellers dont obviously have proof of residence etc. so they have to pay someone else to do it thru them. the process is not weeding out problems but creating a new set of problems mainly for the already disadvantaged. just wait and see.

Nolitha Lizo on March 10, 2010, 6:06 pm

I don't recall this being mentioned in ANY of the announcements about RICA. I complied for my cellphone soon after the announcement and now they are coming with new stuff. Are they making it up as they go along and not telling anybody? Do they think they have got away with one imposition on the public so they'll try another and another until nobody's compliant?

Roger Pacey on March 10, 2010, 7:43 pm

Good GOD whats next...

Nat Johnson on March 10, 2010, 7:44 pm

The Regulation of Interception of Communications Act (Rica) clearly demonstrates just how stupid the government and more particularly Tlali Tlali is.
Do these morons really believe that criminals will not find a way round their unsophisticated and juvenile legislation??
Gun laws should have been a clear indication of how ineffectual this type of legislation is, yet these idiots persist with their pointless promulgations!!
Anyone with half a brain can see the huge increase in costs that government has once again passed on to the private sector - not out of good grace - but rather as an admission of their total incompetence and inability to handle the exercise!!
Criminals will use sophisticated two way radios or get local yokels to "buy" cellphones on their behalf - AS THEY DO NOW!!
This legislation will only add to the cost of cellphones for the over-taxed and under-seviced consumer.
But then does Showerhead give a toss??
He's probably more concerned where his next shag is coming from.

Dennis Hoines on March 10, 2010, 7:51 pm

Rica is a huge waste of time and money.
Clever criminals will easily find ways around this.
The stupid criminals will just copy these methods.

Zero Poverty on March 10, 2010, 8:47 pm

I wonder what the position is regarding the Constitution and Rica.
Perhaps some journalists should ask constitutional expert Pierre de Vos.

Zero Poverty on March 10, 2010, 9:48 pm

Once again the honest citizen will be inconvenienced while criminals laugh.

Commenting Just on March 10, 2010, 10:14 pm

Just when one thought it was all plain sailing then you get some moron who talks about Jacon Zuma. When do we learn that not everything centres around Prez Zuma or Malema or Zille for that matter but about issues that can adversely affect our constutional rights and the infringement thereof. I think we need case studies as to how RICA has positively or negatively affected consumers. I know of people who registered their sims are now getting all sorts of phone calls from businesses, etc. This could be considered spam and its an irration bar the privacy issues or the centralisation of control of our lives by BIG BROTHER/SISTER. So stick to the issue commentators! This could be an informative forum where one can read other views!

Desmond Damons on March 11, 2010, 8:08 am

Funny thing with this RICA story. I am in the middle of JHB and see these guys running around with RICA banners and "I can register you now" They charge people R5 to do it without any verification documents. In other words, the non-tax paying scum like drug-dealers, armed robbers and other trash still can't be "tracked" Me, a tax-paying citizen have to disclose my home address, I.D. No. and what else? I smell a big, fat rat and have the idea that I am being set up for something ugly. "Milk those that do pay and milk them until they can't be milked anymore"

Paul de Klerk on March 13, 2010, 9:44 am

I get an unsettling Orwellian vibe from this, and I'd love for M&G to write an article about how people are affected in terms of this.

Dan B on June 24, 2010, 11:09 am