PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE
Article 35 of the Regulation of the licensing and register for the providing of telecommunications services of public usage and establishing and usage of the public network of telecommunications (“Decree n.º33/2001” of 6th of November) states that licensed providers are obliged to cooperate with the legal competent authorities regarding the legal interception of communications
Under the Regulation such interception shall be made through the Regulatory Authority’s duly credentialed members. The law does not appear to provide a clear outline of the process; neither is there a law or decree that establishes such procedures.
In Mozambique, there appear to be no specific laws that grant government agencies the legal powers to permit direct access into a telecommunications operator’s network without the operational control or oversight of the telecommunication operator.
DISCLOSURE OF COMMUNICATIONS DATA
THE TELECOMMUNICATIONS LAW
Article 68 of the Telecommunications Law (Law n.º8/2004 of 21st of July – the “Telecommunications Law”) states that secrecy of the communications is guaranteed except in cases of criminal law and in cases of interest to national safety and the prevention of terrorism, criminality and organised delinquency.
NATIONAL SECURITY AND EMERGENCY POWERS
Except as already outlined in this report, the government agencies do not have any other authority available to invoke special powers in relation to access to a communication service providers customer data and/or network on the grounds of national security.
Article 10 of the Telecommunication Law states that the government is responsible for the adequate coordination of the telecommunications services in emergency situations.
In such situations the government may issue a notice with mandatory instructions to the telecommunications operators. The Telecommunications Law does not provide a clear outline of the process; neither is there a law or decree that establishes the procedures
OVERSIGHT OF THE USE OF THESE POWERS
There is no judicial oversight of the execution by the Regulatory Authority of its powers.
CENSORSHIP RELATED POWERS
SHUT-DOWN OF NETWORK AND SERVICES
DECREE N.º33/2001 OF 6 NOVEMBER
Articles 10 and 37 of the Regulation of the licensing and register for the providing of telecommunications services of public usage and establishing and usage of the public net of telecommunications (“Decree n.º33/2001” of 6 November) provide that the Regulatory Authority has the power to cancel Vodafone’s licence to provide its network and services when a ‘State of Siege’ or ‘State of Emergency’ is declared in order to protect national security.
Separately the Regulatory Authority may at any time suspend or revoke Vodafone’s licence to provide its network and services if Vodafone breaches certain conditions set out in its licence. These conditions include the requirement on Vodafone to cooperate with legally competent authorities in their interception requests.
BLOCKING OF URLS & IP ADDRESSES
The government does not have legal authority to require Vodafone to block URLs or IP addresses.
POWER TO TAKE CONTROL OF VODAFONE’S NETWORK
Please see ‘Shut-down of network and services’; the Regulatory Authority’s power when a ‘State of Siege’ or ‘State of Emergency’ is declared could extend to taking control of Vodafone’s network.