Buying the equipment required to meet the conditions of the Regulation of Interception of Communications and Provision of Communication-related Information Act of 2002 (RICA) will prove expensive for Internet service providers (ISPs), warns the Internet Service Providers Association (ISPA).
In terms of the Act, ISPs and telecommunication providers must have equipment capable of recording, monitoring and storing all electronic communications transmitted via their services. They must also make it possible for the authorities to search and retrieve such communications when needed.
Government is awaiting input and requests for clarity from players on the implementation of the Act.
Greg Massel, joint-chairman of ISPA, notes that large ISPs will spend as much as R15 million each on the necessary equipment.
Massel says government has indicated through lack of response to ISPA submissions during the development of the Act that it would not subsidise costs. He warns that the expense will eventually be passed onto the consumer.
"The interesting thing is that in many countries, government has assisted in covering the cost of equipment," Massel says.
Storm business development director Dave Gale says it is absurd that RICA does not provide for government to fund the equipment required, even though the investment will contribute to law enforcement.
Another area where government is not following international trends is on equipment standards, says Mark Elkins, MD of Posix Systems. He says governments around the world are not yet using the standards quoted by the South African government. As a result, ISPs need more details on the issue.
To reduce the cost burden, Elkins says Posix will enter into a shared resourced system where third-party facilities would be shared by various ISPs. Gale says Storm is also looking into the option.
Gale notes that a lot of time has elapsed since the Act was passed. As a result, few may remember what is really required of them now. He also notes that proposed amendments that would have imposed penalties on ISPs that do not comply were never implemented.
"As I read it, there is no stick for the Department of Communications to beat us with," he says.
The department has issued an invitation to telecoms service providers, including ISPs, to submit input or requests for clarification on the implementation of the Act by 28 February.
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