| …Corbin says legal action should be contemplated Telephone companies should take legal action against the Government for hurriedly implementing punitive, retrospective legislations, namely the Telephone (Amendment) Bill and the Interception of Communication Bill, commonly called the ‘’Wiretapping Bill’.This is according to leader of the main opposition party Robert Corbin, in response to statements by Head of the Presidential Secretariat yesterday that the onus is on the telephone companies to foot the bill in order to ensure compliance.As it is, neither of the two telephone companies operating in this country,Braden Holtby Jersey, namely the Guyana Telephone and Telegraph Company and Digicel, say that they are capable of complying with the legislation that was passed in the National Assembly two Fridays ago.According to a senior official at the larger telephone company in Guyana, GT&T, the equipment used to intercept mobile calls in Jamaica costs in the vicinity of US$800,000, and for the other requirements, “that is a whole other ball park.”The official did confirm that there were consultations with the Government prior to the tabling and eventual passage of the legislation, and there was a tentative preparedness to assist the company financially.The official, when contacted yesterday for a response to Dr Luncheon’s statements, said that he was surprised at the utterance, given that there was an understanding that the company may require financial assistance, given the scale of the investment required.He added that an amicable resolution will now have to be formulated; and when asked about legal action, he said nothing would be ruled out, but that he would prefer not to speculate at this point in time.The official had also expressed surprise at the pace at which the legislation was passed through the National Assembly,Bouteille dEau Hydro Flask, explaining that were the President to assent to the Bill today and it were to be published in the Gazette the following day, thereby making it law, should a warrant be issued to tap a phone, the company could not adhere to the law.If the company did not promptly adhere to the law, it would be in violation of the Act and be liable to a fine not exceeding $1M and other punitive actions.According to the legislation that was passed: “If a judge issuing a warrant under this Act is satisfied that the operation of a public or private telecommunications system has failed to comply with the warrant for want of any support services for the transmission,Cheap MLB Gear, switching equipment or any other technical facility or requirement, he may direct that the owner, operator or licensee of the telecommunications system shall,Hydro Flask Online, at his own cost, forthwith provide the required support service,Seattle Seahawks Apparel Clearance, install necessary switching equipment, or provide the technical facility or requirement, as the case may be, for complying with the warrant to the satisfaction of the court; and the compliance with this subsection shall be deemed to be a condition in the licence granted for the operation of the telecommunication system.”However, the Cabinet Secretary said that Government has given the telephone companies what he calls lead time, which comes to an end in early December.He also said that already the telephone companies are performing the basics, such as recording telephone calls made and including these in the billing process.The Cabinet Secretary said that the only difference now is that the telephone companies are being asked to keep the records for up to five years. They are also required to withhold a service to a cellular phone unless all the information about the buyer is in place and recorded.A senior staffer who spoke on the basis of anonymity had also said that Digicel, at present, was also incapable of intercepting mobile calls, or storing and retrieving the audio information at a later date.When contacted yesterday, the official said that the company was currently engaged in negotiations with the Office of the President, inter alia the financial burden that would be placed on the company to comply with the law,Jerseys NFL China, hence would not respond to Dr Luncheon via the media.It was also noted that at present there were no ongoing discussions on just how much money was required for investment to make intercepting a reality.The controversial Interception of Communication Bill, that seeks to legalize what is commonly referred to as wiretapping, was passed in the National Assembly on Friday last, despite staunch opposition.The legislation, which was debated for hours on end in the House, saw the Bill being condemned as suspicious and unconstitutional. But according to Minister of Home Affairs, Clement Rohee, who tabled the Bill, there was no need for paranoid concerns,Cheap Kanken Backpacks For Sale, given that the legislation was laden with safeguard clauses.The legislation, when enacted, will give the power to the Commissioner of Police, the Chief of Staff of the Guyana Defence Force, and the Commissioner General of the Guyana Revenue Authority to apply to a judge to direct the technical officers at the telecommunication companies, namely GT&T and Digicel, to intercept the communication of a person without his/her knowledge.In an emergency, and in instances where deemed a matter of national security, the authorities can move to have a warrant sought for by the Minister of Home Affairs, after which he will have 72 hours to present the application.There is also a clause in the legislation that allows for a designated officer to order a wiretap in instances deemed emergency, where it is impracticable to reach a judge. |
