MRA condemns INEC’s exorbitant charge for information request under FOI Act - ITREALMS

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The Media Rights Agenda (MRA) has condemned the Independent National Electoral Commission (INEC) for attempting to frustrate a legitimate Freedom of Information (FOI) request by demanding an outrageous fee of over N1.5 billion for a copy of the National Register of Voters and list of polling units in Nigeria, describing its demand as a blatant attempt to weaponize cost as a tool for denying access to vital public information.

In a statement available to ITREALMS in Lagos, MRA’s Executive Director, Mr. Edetaen Ojo, noted that “the National Register of Voters and the list of polling units are arguably the most essential public records needed by civil society organizations, political parties, election observers, and the media to effectively monitor the electoral process,” arguing that by “placing such a colossal financial barrier in the way of a requester, INEC is deliberately hindering the public's right and ability to scrutinize its operations, thereby compromising transparency and avoiding accountability.”

50% tariff rise: Why NCC approved operators request - ITREALMS

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The Nigerian Communications Commission (NCC), has adduced some reasons on why it approved the 50 per cent is telecom services tariff in the country, reports ITREALMS.

NCC also said that the steps were in pursuant to its power under Section 108 of the Nigerian Communications Act, 2003 (NCA) to regulate and approve tariff rates and charges by telecommunications operators.

FOI Request to NBC: Media Rights demands details of 302 stations sanctioned - ITREALMS

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The Media Rights Agenda (MRA) has asked the National Broadcasting Commission (NBC) to disclose to it under the Freedom of Information (FOI) Act, 2011 details of the 302 broadcasting stations reportedly sanctioned by the Commission in four months after campaigns for the 2023 elections began in September 2022.

MRA said it was seeking the information following the announcement made by the NBC Director General, Malam Balarabe Shehu Ilelah, at a media briefing he held in Abuja on February 9, 2023, where he was reported to have said that out of the 740 currently functional stations in Nigeria, the Commission had sanctioned 302 stations between September 28, 2022 and January 31, 2023 for various offences.

ICANN board approves implementation of Registration Data Request Service - ITREALMS

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The board of directors of the Internet Corporation for Assigned Names and Numbers (ICANN) has approved the implement of Registration Data Request Service (RDRS), reports ITREALMS.

This, ITREALMS gathered would enable ICANN organization (org) to develop and launch a new ticketing system to handle requests for access to nonpublic registration data related to generic top-level domains (gTLDs), also known as WHOIS.

ICANN74: Internet stakeholders reject waiver request clause - ITREALMS

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The global internet stakeholders of the Internet Corporation for Assigned Names and Numbers (ICANN) may be squaring up against the organisation over what has been described as overboard waiver request for those intending to participate in ICANN74 in-person, reports ITREALMS.

They also rejected the introduction of the so-called waiver indemnity by ICANN at this time to dodge liability.

German Appellate Court rejects ICANN request to overturn self on WHOIS data - ITREALMS

ITREALMS:

A German High Court has rejected an appeal by the Internet Corporation for Assigned Names and Numbers (ICANN) to reconsider the Court's own earlier decision, reports ITREALMS.

ICANN, ITREALMS recalled has been pursuing a preliminary injunction from the German Court to require EPAG, a Germany-based, ICANN-accredited registrar (that is part of the Tucows Group) to continue to collect elements of WHOIS data, as required under ICANN's Registrar Accreditation Agreement, which permits the registrar to sell domain name registrations for generic top-level domains.

ICANN received a ruling from the German Higher Regional Court in Cologne ("Appellate Court") last week, that rejected ICANN's request for review ("plea of remonstrance") filed by ICANN on 17 August 2018. ICANN's plea was filed to continue the immediate appeal in the ICANN v. EPAG injunction proceedings. ICANN initiated such proceedings against EPAG, to seek assistance in interpreting the European Union's General Data Protection Regulation (GDPR) in order to protect the data collected in WHOIS. The Appellate Court again has determined that it would not issue an injunction against EPAG.

In making its ruling, the Appellate Court found that the preliminary injunction proceeding does not provide the appropriate framework for addressing the nature of the contractual disputes at issue, and that a decision in preliminary proceedings does not appear to be urgently needed. Again, the Appellate Court did not address the merits of the underlying issues with respect to the application of GDPR as it relates to WHOIS.

ICANN is continuing to evaluate its next steps in light of this ruling, including possible additional filings before the German courts, as part of its public interest role in coordinating a decentralized global WHOIS for the generic top-level domain system.

Chuks Egbune/GEE

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Cybersecurity Treaty: Nigeria yet to request accession 12 years after

ITRealms:

Barely 12 years after the Budapest Convention on Cyber Security was put to force, Nigeria, the most populated black nation in the world may be foot-dragging over cyber security as it has not extended request for accession of this important Treaty, reports ITRealms.

Secretary of the Cybercrime Convention Committee (T-CY) Council of Europe Strasbourg, France, Alexander Seger, disclosed this to ITRealms, explaining that an accession request would lead to an invitation to accede.

He pointed out that once the instrument of accession is then deposited Nigeria would become a Party and thus be able to cooperate with other countries on the basis of this treaty.

Although, Mr. Seger expressed optimism Nigeria would soon do the needful to bluster the nation’s cyber security efforts to align with the global status.

“I understand that the Government (of Nigeria) is considering an accession request,” he said expectedly.

ITRealms gathered that the Convention was drawn up by the Council of Europe in Strasbourg, France in 2001 with the active participation of the Council of Europe's observer states like Canada, Japan, South Africa and the United States.

Equally, ITRealms gathered that the convention or treaty entered enforcement phase three years after the draft was made on 1 July 2004, though as at time of filing this report, September 26, 2016,  49 states have ratified the convention, even as six states had signed the convention awaiting ratification.

The Convention, ITRealms gathered is the first international treaty on crimes committed via the Internet and other computer networks, dealing particularly with infringements of copyright, computer-related fraud, child pornography and violations of network security. In addition, it contains a series of powers and procedures such as the search of computer networks and interception.

Seger further listed some of the benefits of the Convention for Africa to include increased trust and efficient cooperation with other Parties, just as it would pave the way for participation in future standard setting, enhanced trust by private sector, technical assistance and capacity building to name a few.

Nigeria, ITRealms recalls only had a Cyberlaw passed in 2015 with lots of flaws already noticed including the reported fact that’s victims could be sanctioned to the tune of N2m for failure to report cyber-attack on his or her systems or networks.

Recent reports revealed that the Nigeria Cybercrime Act 2015 stated that “any person or institution, who operates a computer system or a network, whether public or private, must immediately inform the National Computer Emergency Response Team (CERT) Coordination Center of any attacks, intrusions and other disruptions liable to hinder the functioning of another computer system or network, so that the National CERT can take the necessary measures to tackle the issues.”

Also, the sub-section 2 inter alia stated “In such cases mentioned in subsection (1) above, and in order to protect computer systems and networks, the National CERT Coordination Center may propose the isolation of affected computer systems or network pending the resolution of the issues.”

ITRealms further gathered that the sub-section 3 of Section 21 stated “persons or institutions who are unable to report such incidents in a space of 7 days commits an offence for denial of Internet services and should pay ₦2 million into the National Cyber Security Fund.”

Remmy Nweke with additional report by Nenye Dom/GEE

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PIN makes FOI request on INEC over release of citizens data to third party

ITRealms:

A Lagos-based non-profit social enterprise, Paradigm Initiative Nigeria (PIN) has made a Freedom of Information (FOI) request on the Independent National Electoral Commission (INEC) over the unauthorized release of citizens data to a third party known as voters.ng, reports ITRealms.

Investigations by ITRealms confirmed this release, just as PIN said its core objective as a stakeholder and practitioner in the Information and Communication Technology (ICT) sector in Nigeria, is at the centre of advocacy efforts to ensure that not only do technologies and innovations improve the lives of every Nigerian citizen but that they are also done while conforming to fundamental rights of every Nigerian.

According to the Executive Director, Paradigm Initiative Nigeria, Mr. Gbenga Sesan, among these rights are Freedom to Expression online, Right to Opinion, Transparency in Surveillance and most importantly, at the heart of this call, Right to Privacy.

“Not only are these rights protected, by extension by the 1999 Constitution of the Federal Republic of Nigeria (as amended) they are currently amplified in the Digital Rights and Freedom Bill (HB. 490) which seeks to exhaustively engage issues of positive rights like these,” he said.

Sesan pointed out that statutorily, on the 19th of September, 2016, Paradigm Initiative Nigeria through its ICT Policy engagements has relied on the provisions of the Freedom of Information Act of 2011 to request information from the Independent National Electoral Commission (INEC) on the true state of fact on the data of private citizens currently on the www.voters.ng platform.

This call, the Program Assistant  o ICT Policy, at PIN Tomiwa Ilori, said, was made to ensure that the rights of every Nigerian citizen are adequately protected especially in the age where technologies are capable of being used against individual safety.

He highlighted the importance, noting that not only does it smack of distrust and lack of due diligence by a public institution in performing its duties to find data of private citizens handed to them in trust in the hand of a third party without any evidence of consent of these citizens sought, it portends great danger to the digital survival of the nation’s social, political and economic environment.

In addition, Mr. Sesan, urged INEC to heed the call and comply with the request in the interest of all Nigerians.

“Also, we call on all stakeholders interested in ensuring that our social capital as a society is preserved to weigh in on this issue, join hands with us and see it to a logical conclusion,” Sesan enjoined.

Remmy Nweke/ED, Ops 

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Pix: ED, PIN, Gbenga Sesan and INEC chairman Prof. Mahmood Yakubu