The Internet Service Providers' Association of SA (ISPA) is urging the Department of Justice and Constitutional Development (DOJ) to rethink the Regulation of Interception of Communications and Provisions of Communication-related Information Act, commonly referred to as RICA.
“In its present form, the section places the near impossible burden of physically verifying the details and identity of all customers of the ISP,” says Ant Brooks, GM of ISPA.
The DOJ previously recognised the need to re-look at section 39 of the Act.
ISPA says this section of RICA requires ISPs to record certain personal information of their customers, and then to verify such information and the identity of the customer, before activating any electronic communication services, such as Internet services.
Burden of proof
"Given that they sell a virtual product and sign up most of their existing customers electronically (either telephonically or over the Internet), this places an enormous administrative and financial burden on ISPs," says Brooks.
"Many ISPs do not have retail outlets, making it almost impossible for them to verify the identity of their customers."
Brooks adds that ISPs face the challenge of appointing agents or setting up branch offices to verify new customers.
"In order to be compliant with RICA, as it currently stands, a customer needs to appear physically in front of an ISP's representative with his or her ID document, proof of address and certified copies of both of these (to be retained indefinitely by the ISP) before an account can be activated."
ISPA also argues that in addition to the inconvenience, the process could have the unintended effect of driving up Internet access costs.
“The costs associated with ISP customer registration could even drive smaller ISPs out of business as they will not be able to compete with bigger competitors with national retail outlets.”
An alternative
ISPA proposes that ISPs be allowed to verify documents in electronic format using the framework set out in the Electronic Communications and Transactions Act of 2002.
“We are hopeful that the DOJ will give this proposal serious consideration,” says Brooks.
“Our members are supportive of the overall goals of RICA and eager to work with the DOJ in order to ensure the Act is amended in a manner that will both serve the purpose of the Act as well as make compliance possible.
“We do believe that the goals of RICA can be achieved more efficiently through an alternative verification process.”
Cellphone cut-off
Most South Africans with mobile phones will have already gone through the SIM card registration process with their mobile network provider under section 40 of RICA. About eight million subscribers have yet to comply with the new law.
Contract subscribers, who do not register, will be cut off from the end of next month, but will still be required to pay their monthly bills.
Despite the millions that have been spent by cellphone companies in persuading subscribers to comply, many South Africans are leaving registration to the last minute, and could be cut off from the network on 1 July.
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