New laws are about to be introduced which place the onus on telecommunication service providers to obtain and keep information on their clients. While contract users already have to provide personal information to the network operators, the new amendments to the Regulation of Interception of Communications and Provision of Communication-related Information Act tightens control on the pre-paid market.
These regulations aim to ensure the lawful use of cell phones and SIM cards. The proposed Act requires users to report lost, stolen or destroyed cell phones and SIM cards at any police station. Failure to do so will constitute a criminal offence.
The Act, however, is in fact geared to address unlawful actions. Criminals often exploit telecommunications in the planning, organisation and commission of organised crime, cash heists and serious violent crimes. Anonymously owned prepaid mobile phones are ideal for these purposes and the new legislation's focus on identifying owners of pre-paid cell phone will provide the law enforcement agencies with the means to trace criminal activity.
While I agree that there are practical considerations in implementing the new laws, such as ensuring that systems are in place to manage critical consumer data at the point of sale, I do believe these laws will greatly benefit the wireless and online retail industries. These benefits include:
Combating online fraud
Online businesses will be able to utilise the personal details linked to a cell phone number to combat credit card fraud. Currently a fraudster does not have to be in possession of the card and can purchase merchandise online by simply providing someone else's valid credit card details. In this instance, the merchant carries all the risk, and should the owner of the card query the transaction the merchant could lose the money received as well as the goods sold. This type of crime is very difficult to root out as the crime could be committed anywhere in the world from an online terminal.
To significantly reduced online fraud, during the transaction the merchant would require the purchaser to enter a security code SMS'ed to his or her cell phone. If the purchaser used their own phone but the credit card of someone else the merchant can report the discrepancy. The identity of the purchaser, via the cell phone number used, would be accessible to the police. Nevertheless, fraud could still take place but would require the use of a recently stolen phone that had not as yet been reported as stolen.
Curbing sex abuse calls
Persons wishing to report sex abuse calls, such paedophiles making lurid calls to minors, will be able to report the cell phone number of the incoming calls to the police. The police would be able to trace the identification of the caller due the new Act's cell phone and SIM registration requirements.
Preventing the delivery of adult content to mobile phones
Many parents are concerned about the easy accessibility of adult content on cell phones At present it is almost impossible for mobile operators to prevent the delivery of adult mobile content to phones of children if they do not have the identities (hence age) of SIM card owners. Without this age verification measure, in order to regulate adult mobile content, mobile network operators would have to ban all pre-paid phones from accessing the internet via GPRS or 3G.
Many parents regard this risk of accessing adult mobile content as the major reason for not allowing their children to own cell phones. The proposed legislation will significantly reduce these problems, and as a result, increase regulated cell phone usage among children.
Dr Pieter E. Streicher graduated from WITS with a BSc-Eng(Civil) in 1991. In 1996 he received his PhD from UCT. He worked as a civil engineer for four years at HHO Africa. In mid-2000 Dr Streicher, along with Richard Simpson, (BSc-Eng(Civil), MBA), established Celerity Systems (Pty) Ltd. BulkSMS.com was set up as a division of Celerity Systems to focus on SMS solutions for business and mobile users. Today, the Cape Town based company is a leading wireless application service provider offering services nationally and internationally. Dr Streicher is active in the Wireless Application Service Provider Association (WASPA) and sits on the WASPA working group addressing national regulatory issues.
Although this may seem like a good idea now, the future only holds the answers to this riddle. For instance: if I buy or sell my second-hand phone, I might not be able to go to the police station to do change of ownership. Which the way I see it, innocent people might be arrested for crimes they did'nt commit. Good idea any way....big Ups... Posted on 8 Dec 2005 15:29
Hmmm....this is a tricky one - as we develop and embrace new and exciting technologies we often, as a society on a whole, find ways to exploit these technologies long before the applicable regulatory systems are put in place. Just look at how long the Internet was around for before the concept of Cyberlaw was even birthed. This needs to be addressed.
However, once people have grown accustomed to a particular service or system it is not only tricky to enforce new rules and requirements, but very hard to gain popular acceptance once they have been deployed. We have grown accustomed to the prepaid market being "hassle free" when compared with the tribulations of running a contract phone.
I agree that there are certain points presented that make convincing arguments for regulation, however to many this smacks of Big Brotherism and reminded me of the Patriot Act that the US recently passed. Useful.
But intrusive.
Very Intrusive.
AND, when one considers the percentage of South Africans without ID documents Vs those with prepaid phones, the stats become interesting. Home Affairs had better get their act together if this law is to work...
Combine that with the info gathering that the banks have just done and it becomes apparent that we are just beginning a new age of regulation, state supervision and 'big brother is watching YOU'.
Are we South Africans going to do our usual acceptance and not challenge this?-
Yikes, while I am all in favour of restricting porn access to children, this really smacks of Big Brotherism. Just like so much else that is going on in a very quietly sinister way in our country. Try and do a simple thing like buy travellers cheques and you are subjected to the kind of scruteny that smackes of the CIA. I don't want to have to product proof of everything from my inside leg measurement to electricity accounts, rates payments etc to conduct simple chore. You are not subjected to this kind of scrutiny anywhere else in the world. Those transactions are straight forward.
We have to stop just putting up with these invasions of our privacy and our rights to personal fredoms. Not everybody is a skollie, and I violently object to being treated as if I am one. We better wake up before our civil liberties are completely eroded and we are a nany/police state again!
My mobile phone is for my use. I am not interested in porn or anything else. Don't treat me as if I am going to use it for some sort of criminal activity. Posted on 9 Dec 2005 10:14
I am so sick of watching south africa follow in the footsteps of the USA, like a little brother imitating his big brother. Its sad, pathetic, intrusive and insane to just give up your right to privacy.
Speaking of which, I want to institute the death penalty for any south african who wears a baseball cap. We dont even have baseball in this country. Have you actually looked it how stupid they look. But no, we follow blindly. Its pathetic that we dont have an identity of our own. South Africa is a poor carbon copy of a totally plastic society.
Go live in the states for a few years and you will know exactly what I mean.
Sincerely, Sorely disappointed countryless used-to-be south african now semi american. Posted on 13 Dec 2005 09:38
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