Telecommunications (interception and access) and its Regulation in Arab Countries

• Author: Nazzal Kiswani
• Position: Department of Business Law, Faculty of Business and Economics, Macquarie University Sydney, Australia
• Pages: 225-239

Journal of International Commercial Law and Technology Vol. 5, Issue 4 (2010)

225

Telecommunications (interception and access) and its Regulation in Arab

Countries

Nazzal M. Kisswani

Department of Business Law,

Faculty of Business and Economics, Macquarie University

Sydney, Australia

nazzal.kisswani@mq.edu.au

Abstract. Telecommunication is a necessity in all countries. Communication ha s always been an

essential part of our lives, education, family relations, business, government and other organizational

activities. As telecommunication technology has advanced, so has the need for the interception of

telecommunications and access by law enforcement a uthorities. In addition, lawful interception and

the way it is performed have played an important role in the effectiveness of the monitoring of

communications. Telecommunications interception and access law should also place a great deal of

importance on the privacy of the individual as well as the needs of n ational security, crime

investigation, counter terrorism efforts and economic growth. This paper looks at the applicability of

regulations aimed at controlling telecommunications interception an d access law in Arab countries.

The Australian telecommunications interception and access law is taken as a relevant template that

can be examined in light of Arab countries needs and requirements. Various issues un ique to Arab

countries need to be examined prior to adopting the Australian framework wholesale.

1 Introduction

Telecommunication is a n ecessity in all countries this century. Communication has always been an essential part

of our lives, education, Family relations, business, government and other organizational activities ar e all

completely reliant on communications. It is such an ordinary activity that we take it for granted. So far, without

telecommunications technology most modern human activity would come to a stop. To a large extent, the success

of almost every human activity is reliant on how available communications methods and techniques are effectively

utilized.1 As telecommunication technology h as increased, so has the need for telecommunications interception

and access by law enforcement authorities.2 Arab countries have regulated telecommunication industries although

other cyber-related laws have been enacted in some countries, most still lack adequate or comprehensive

telecommunication interception and access legislation. This study highlights the absence of telecommunication

interception and access legislation in Arab countries and the need for the regulation of n ewly introduced

technological systems that allow control over usage of telecommunication tools. A justification for choosing the

Australian law as a t emplate for the Arab world is that Austral ia was the first country to have introduced

telecommunication interception and access la ws. Furthermore, Australia h as also continually amended its r egime

with the advancement of technology maintaining its reputation as an advanced liberal democratic economy on the

cutting edge of privacy/collectivist debate in this context.

1.1 Objective of Study

This study has a variety of aim s: firstly to pr ovide in formation to th e Arab authorities concerned in the regulation

of this filed and to examine perceptions about the extent of telecommunications interception and access law in

Arab countries. The second aim of the study is to design legislation that assists government officials as well as

providing information about the perception of government officials’ usage of interception that is a conceptual

framework as a founda tion for the proposed legislative change. The third aim of the study will address issues

concerning the effect of human rights and privacy that are relevant with respect to existing and proposed

telecommunications legislation.

The main goal of this study is to determine to extent to which (if any) government officials in Arab

countries have introduced and abide by telecommunications interception and access law.

1 Ian Walden and John Angel, Telecommunications Law Regulation (2 ed, 2005)

2 Whitefield Diffie and Susan Landau, Privacy on the Line (1998)