4 - Developing Relevant Legislation
Article 13: Work of the NTRA board of directors,
licensing rules pertaining to infrastructure
establishment, and regulations relating to
penalties
Article 15: Term of office of the executive
president of the NTRA
Article 25: Licensing obligations
Group 2:
Amendments to items concerning regulation of
the relationship between telecommunications
companies
Article 28: Linkage between companies
Articles 33 and 34: Implementation of the
resolution until a final ruling is passed
Article 40: Regulation of the relationship
between the licensee and the holder of the
usufruct
Group 3:
Amendments to items concerning technological
progress
Article 54 : Spectrum division after the switchover
from analog to digital
Article 64 : Addition of technologies and software
to equipment used for encryption
Group 4:
Amendments to items concerning the authority
to disconnect communications
The most important amendments to the law
involved Articles 65 and 67, which stipulated that in
the case of general mobilization the prime minister
should determine the competent state authority to
manage all telecommunications services, networks,
operators and service providers. The conditions for
such a general mobilization included natural and
environmental disasters and national security threats.
32
33
Article 65, original:
Article 67, original:
The National Telecommunication Regulatory
Authority shall, in cooperation with the Armed
Forces and the concerned state entities, prepare a
prior plan for the operation of telecommunications
networks, to be implemented during natural or
environmental disasters and periods of general
mobilization according to the provisions of Law
No. 87 of 1960 concerning general mobilization
and any other circumstances related to national
security. The plan shall be updated periodically
in order to secure national defense and security.
Telecommunications operators and service
providers shall be obliged to implement the
plan.
The competent state authorities shall have the
power to subject to their administration the
telecommunications services and networks
of any operator or service provider, and those
working in the operation and maintenance of
these services and networks, in case of natural
or environmental disaster or during periods of
declared general mobilization in accordance
with the provisions of Law No. 87 of 1960
concerning these and other cases related to
national security.
Article 65, amended:
The National Telecommunication Regulatory
Authority shall, in cooperation with the
Ministry of Defense and the concerned state
entities, prepare a detailed prior plan for the
operation of telecommunications networks,
to be implemented during periods of general
mobilization, according to the provisions of Law
No. 87 of 1960 concerning general mobilization,
that shall be limited to tension in international
relations, the threat of war, actual war, natural
or environmental disasters, or crises threatening
national security. The plan shall include the
determination of the authority to which some
or all telecommunications services, networks,
operators and service providers, as well as those
working in the operation and maintenance of
these services and networks, are subject.
The plan shall be updated periodically in
order to secure national defense and security.
Telecommunications operators and service
providers shall be obliged to implement the plan.
Article 67, amended:
In the case of a declaration of general
mobilization as provided for in Article 65, the
Cabinet shall issue a resolution activating the
plan referred to in Article 65. The resolution
shall define when implementation of the plan
is to begin and the duration of its application.
In all cases, it shall be prohibited to disconnect
telecommunications services or to stop their
operation entirely or partially, except in the case
that a written decision has been issued by the
President of the Republic following a proposal to
do so by the Cabinet. In this case, the President
of the Republic shall, within 15 days of issuing
such a decision, submit a detailed report to
the People’s Assembly explaining the reasons
for adoption of the measure. In the event that
the People’s Assembly is not in session, the
submission shall be made in the first session
held. In all cases, it shall not be permissible to
disrupt or stop relief and emergency services.
Group 5:
Amendments to items concerning penalties for
crimes including disclosure of information, jamming
of communications, use of encrypted devices and
provision of telecommunications services without
license in Articles 72, 76, 79, 81, 82, 84, 85 and
87.
Group 6:
Addition of articles: Article 27-bis, concerning the
share of Egyptian ownership in telecommunications
companies; and Articles 63-bis and 63-bis (a),
concerning state media and content licenses.
4.2 Freedom of Information Draft Law
In light of the wide information space in which we
live today, and in support of Egypt’s democratic
transition, the Freedom of Information Law
will fulfill certain important aspirations of the
Egyptian people, enshrining in law their right
to access data and information, and serving to
stabilize democratic practice.
This freedom, along with many others prevalent
in democratic practice, provides an indication of
political maturity, as with it comes responsibility.
For this reason, the new law relies on specific
measures and mechanisms to maintain the
right balance between freedom of access to
information and preventing misuse of this
freedom. The basis of this law, therefore, is that
access to information is the norm, and prevention
the exception, but in a manner that does not
infringe on the right to personal privacy or pose
a risk to national security. The talk about the
availability of information could harm national
security of Egypt or the exposure of relations
with other countries at risk under the banner of
freedom is not acceptable, so this law sought
to bring about the desired balance between the
considerations of freedom as a fundamental
human rights and privacy considerations and
national security.