Telecom, Terror and Digital Economy in Ethiopia: Part I
By: Samuel M. Gebru (@SMGebru), Cambridge, MA, United States
Author’s Note: This is the first in a two-part series entitled
Telecom, Terror and Digital Economy in Ethiopia. In this part, I
highlight what the proposed Proclamation on Telecom Fraud Offenses
states. In part two, I will provide my direct opinions on Ethiopia’s
digital economy and suggest ways to move forward by following the lead
of other African economies.
There has been a recent buzz through news and social media networks
lately on a plan, as initially reported by Al Jazeera, which would
criminalize Voice Over Internet Protocol (VOIP) services such as Google
Talk and Skype in Ethiopia.
But the story is a half-truth.
The “law” is nothing more than a proposed proclamation that has not
yet been called for a vote in the House of People’s Representatives.
Theoretically, there is room for edits. Formally known as the Proclamation on Telecom Fraud Offenses of 2012,
it identifies telecom fraud as a “serious threat to the national
security” beyond negative economic impacts. The proclamation also
mentions that the current legislations on telecom fraud are not
sufficient enough to curb the issue.
Telecom equipment, as identified in the document, includes any and
all equipment that is used for telecommunication purposes, including
accessories and software. Further, the document states that it is
illegal to provide telecommunication services without a permit. The
offense for this is punishable by 7-15 years.
Interestingly, the law uses the words “license” and “permit” on
numerous occasions. What is not immediately clear with the wording is
whether or not the Parliament intends on or implies legalizing licensed
non-state telecommunication services and equipment.
Article Six of the proposed proclamation deals with anti-terrorism
and organized crime. This is on some levels an extension of Ethiopia’s
controversial anti-terrorism law passed in 2009. Article Six is
perfectly understandable considering the very rough neighborhood that
Ethiopia is in and the rise of al Qaeda’s fundamentalist activities in
Somalia with al Shabaab. Ethiopia’s national security is very important
and cannot be compromised but the government must also wane its power so
as to not infringe on the individual rights guaranteed in the
Constitution.
The issue in regards to VOIP services such as Skype and Google Talk
must be put into context. Ethio Telecom (formerly the Ethiopian
Telecommunications Corporation) is the oldest telecom provider in Africa
and has always been owned by the Government of Ethiopia. With over 100
years of history, Ethio Telecom has always held a monopoly on Ethiopia’s
digital economy as the sole telecom provider in Ethiopia. Therefore,
the government is the sole service provider, operator and regulator.
VOIP was never legal to begin with because it has always been a
telecommunication service that was outside of the control of the
Government of Ethiopia and Ethio Telecom. Thus, Skype was not “just
banned” as foreign news outlets and social media networks have
suggested, but it was rather never allowed. The draft proclamation also seeks the ban of callback services, which
is not uncommon in other countries (see Article Eight). Many countries
have banned callback services because they deprive local telecom
profits. In Ethiopia’s case, Ethiopians do use foreign callback services
such as those based in North America and Europe that are much cheaper
than the services provided by Ethio Telecom. Consequently, Ethio Telecom
loses profits.
VOIP is a solution to the high cost of international dialing. In some
cases, VOIP services are free or may charge a nominal fee for usage. On
many levels, it bypasses the old callback system. The question now becomes whether or not Skype and other VOIP services
are considered callback. If so, then they are illegal. However, the
draft proclamation and other previous legislation certainly imply that
Skype, Google Talk, etc., is already illegal (if not already
criminalized) since it is a service that is not provided by Ethio
Telecom. The draft proclamation targets owners of Internet cafés and other
establishments that allow usage of non-state telecom services (see
Article Four) as well as individual users of those services (see Article
Seven).
Perhaps where Al Jazeera and other media networks generated the news
on a 15-year prison sentence of violating the proclamation is from
Article Nine. This article covers offenses that are related to illegal
telecom operators, which implies VOIP services. The first section state,
“Whosoever bypasses the telecommunication infrastructure…commits an
offense…with rigorous imprisonment from 10 to 20 years.” The second
section further states, “Whosoever intentionally or by negligence
obtains any telecommunication service [this can be interpreted as
including VOIP] from an illegal operator…commits an offense.” Article
Ten carries on and makes it illegal to provide or obtain telephone calls
or fax services through the Internet.
The draft proclamation proposes the establishment of a Technical
Taskforce to oversee its implementation, assumedly under the Ministry of
Communication and Information Technology. It also allows the Ministry,
through the Federal Police, to confiscate illegal items. Additionally,
sections of the Telecommunication Proclamation of 1996 and 2002 are
repealed if the 2012 proclamation is enacted.
So, about the half-truth: Skype was already illegal and this
proclamation that seeks to (further) criminalize it is not a law yet,
remaining a draft in the House of People’s Representatives. As usual,
foreign media gets it wrong on Ethiopia. Samuel M. Gebru is Chief Executive Officer of the Ethiopian Global
Initiative. The thoughts articulated here are his own and not reflective
of the Initiative.
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