ISPA explains RICA non-compliance

By Leon Engelbrecht, ITWeb senior writer

Johannesburg, 17 Jul 2007

There is good reason why many smaller members have not bought interception equipment as mandated by the Regulation of Interception and Provision of Communication-related Information Act (RICA), says the Internet Service Providers' Association (ISPA).

ISPA GM Ant Brooks says it is true that most smaller ISPs have not yet purchased interception equipment. But he points out that RICA provides specific exemptions for small ISPs.

About 14 of ISPA's 130 members are classified as large ISPs. The remainder are medium or small.

Instead of buying equipment individually, small providers will contribute to an ISP assistance fund, which will be used to purchase pooled equipment to be used as-and-when needed.

"At the moment, ISPA is still waiting for the publication of regulations covering the operation of this fund, so it is not yet possible for small ISPs to contribute to it," he adds.

Brooks says he expects the exemption to apply to both small and medium ISPs - and any ISP that does not have a large backbone. There is no legal definition of what a small or medium ISP is, and government is reportedly having some trouble defining when an ISP will be too small to afford monitoring equipment.

Fixed-line focus

Brooks says ISPA is confident its members have done their best to comply with the directives published so far, "and we will continue to work with the OIC [Office for the Interception Centre] and the Department of Communications as further directives are published, to ensure our members know what is required of them.

"Thus far, the OIC has focused on Telkom's fixed-line network, the mobile networks and on the networks of large backbone ISPs. Since many smaller ISPs resell access to the networks of larger ISPs, this approach ensures the OIC is able to undertake lawful intercepts with maximum coverage, even without requiring all service providers to purchase expensive interception equipment," Brooks says.

"Many of ISPA's large members have invested millions of rands in interception equipment in order to comply with the requirements of the Act," Brooks adds. "Some are already testing this interception capability with the OIC."