
Welcome to Tech Policy
Thank you for visiting www.techpolicy.com.ng. This website will discuss topical tech policy and regulatory issues in Nigeria, and generally on the African continent. The discussion could take the form of academic researches and articles, opinion-pieces in newspapers, organised workshops and media events. To enrich this discussion, comments are always welcome.
Visitors to this website are to note that information and posts contained here do not constitute legal advice neither does it create an attorney-client relationship.
Publications
2010 |
Izuogu, Chukwuyere Ebere Network Neutrality Law and Access to Broadband Services in Nigeria (October 2010). Available at Social Science and Research Network Journal Article Social Science and Research Network, pp. 9, 2010. @article{Izuogu2010, title = {Network Neutrality Law and Access to Broadband Services in Nigeria (October 2010). Available at Social Science and Research Network}, author = {Chukwuyere Ebere Izuogu}, url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1687110}, year = {2010}, date = {2010-10-04}, journal = {Social Science and Research Network}, pages = {9}, abstract = {2010, Nigeria; the International Internet Connectivity (ICC) is currently dominated by three major players providing bandwidth access on a wholesale and retail basis to the Nigerian end users. These players are the state owned Nigerian Telecommunications Limited (NITEL) providing access via the SAT-1 submarine cable, Glo through the GLO-1 submarine cable and MainOne Cable company via the MainOne submarine cable, of these cables, only the GLO-1 and MainOne submarine cables have broadband (or high speed) internet access capability. In recent times, global policy issues on broadband internet access have focused on network neutrality, that is whether broadband network operators should be allowed to favor (or as is emotionally argued; discriminate) one data traffic over another one that passes through its network. This is the main thrust of this paper. Arguments in support of network neutrality have tended to lean towards the belief that discriminating data traffic is anti-consumer and may be capable having an anti-competitive effect under certain conditions. With the current expansion of internet services in Nigeria and particularly the current investment in broadband infrastructure, the need arises to revisit the issue of network neutrality in the Nigerian context. In considering the question of network neutrality, guidance is sought from the Nigeria Communications Act 2003 (NCA) and the relevant regulations made under the Act.}, keywords = {}, pubstate = {published}, tppubtype = {article} } 2010, Nigeria; the International Internet Connectivity (ICC) is currently dominated by three major players providing bandwidth access on a wholesale and retail basis to the Nigerian end users. These players are the state owned Nigerian Telecommunications Limited (NITEL) providing access via the SAT-1 submarine cable, Glo through the GLO-1 submarine cable and MainOne Cable company via the MainOne submarine cable, of these cables, only the GLO-1 and MainOne submarine cables have broadband (or high speed) internet access capability. In recent times, global policy issues on broadband internet access have focused on network neutrality, that is whether broadband network operators should be allowed to favor (or as is emotionally argued; discriminate) one data traffic over another one that passes through its network. This is the main thrust of this paper. Arguments in support of network neutrality have tended to lean towards the belief that discriminating data traffic is anti-consumer and may be capable having an anti-competitive effect under certain conditions. With the current expansion of internet services in Nigeria and particularly the current investment in broadband infrastructure, the need arises to revisit the issue of network neutrality in the Nigerian context. In considering the question of network neutrality, guidance is sought from the Nigeria Communications Act 2003 (NCA) and the relevant regulations made under the Act. |
Izuogu, Chukwuyere Ebere Social Science and Research Network, pp. 5, 2010. @article{Izuogu2010b, title = {Sustaining the Competition, Consumer Protection and Mobile Number Portability in the Nigerian Telecommunications Market (August 2010). Available at Social Science and Research Network}, author = {Chukwuyere Ebere Izuogu}, url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1656294}, year = {2010}, date = {2010-08-12}, journal = {Social Science and Research Network}, pages = {5}, abstract = {The Nigerian mobile telecommunications market has continued to grow in leaps and bounds creating opportunities for further investments. These investments have continued to increase exponentially in proportion to the increase in the subscribers’ base which currently stands at 96,110,538 connected lines. This has made the Nigerian telecommunications market the largest in the whole of Africa and the fastest growing from a developing nation. The service providers have continued to introduce innovative service offerings to their numerous customers. The latest addition to this is the proposed mobile number portability to be superintended by the Nigerian Communications Commission (NCC) which is supposed to go live on the network of all mobile service providers before the ending of 2010. This service will enable mobile subscribers to retain their mobile numbers when changing service providers. No doubt, this will create more value for mobile subscribers who will not have to incur more costs when switching service providers. This article highlights instances where competition and or consumer protection issues are likely to undermine the rationale of NCC for mandating mobile number portability in the Nigerian telecommunications market. It also looks at the new role of the NCC as the sector regulator in addressing issues arising from the new regime.}, keywords = {}, pubstate = {published}, tppubtype = {article} } The Nigerian mobile telecommunications market has continued to grow in leaps and bounds creating opportunities for further investments. These investments have continued to increase exponentially in proportion to the increase in the subscribers’ base which currently stands at 96,110,538 connected lines. This has made the Nigerian telecommunications market the largest in the whole of Africa and the fastest growing from a developing nation. The service providers have continued to introduce innovative service offerings to their numerous customers. The latest addition to this is the proposed mobile number portability to be superintended by the Nigerian Communications Commission (NCC) which is supposed to go live on the network of all mobile service providers before the ending of 2010. This service will enable mobile subscribers to retain their mobile numbers when changing service providers. No doubt, this will create more value for mobile subscribers who will not have to incur more costs when switching service providers. This article highlights instances where competition and or consumer protection issues are likely to undermine the rationale of NCC for mandating mobile number portability in the Nigerian telecommunications market. It also looks at the new role of the NCC as the sector regulator in addressing issues arising from the new regime. |
Izuogu, Chukwuyere Ebere Social Science and Research Network, (7), 2010. @article{Izuogu2010c, title = {Data Protection Issues and the Legal Implications in Nigerian Communications Commission’s (NCC) Directive on SIM Card Registration (April 29, 2010). Available at Social Science and Research Network}, author = {Chukwuyere Ebere Izuogu}, url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1597665}, year = {2010}, date = {2010-05-02}, journal = {Social Science and Research Network}, number = {7}, abstract = {Towards the ending of year 2009, the Nigerian Communications Regulator, Nigerian Communications Commission (NCC) in exercising the powers granted it under the Nigerian Communications Act (NCA) 2003 issued a directive that all new Subscriber Identity Module (SIM) cards must be registered before activation, to be followed by the subsequent registration of the SIM cards of existing SIM card holders at a later date. This directive coming from the NCC was borne out of the need to have a credible database of SIM card holders in Nigeria that will be used to identify (for possible prosecution) criminal actors who perpetrate criminal activities through the use of mobile phones by exploiting the anonymity of an unregistered SIM Card. This article seeks to identify and address the data protection and other issues that will arise in implementing the SIM card registration process.}, keywords = {}, pubstate = {published}, tppubtype = {article} } Towards the ending of year 2009, the Nigerian Communications Regulator, Nigerian Communications Commission (NCC) in exercising the powers granted it under the Nigerian Communications Act (NCA) 2003 issued a directive that all new Subscriber Identity Module (SIM) cards must be registered before activation, to be followed by the subsequent registration of the SIM cards of existing SIM card holders at a later date. This directive coming from the NCC was borne out of the need to have a credible database of SIM card holders in Nigeria that will be used to identify (for possible prosecution) criminal actors who perpetrate criminal activities through the use of mobile phones by exploiting the anonymity of an unregistered SIM Card. This article seeks to identify and address the data protection and other issues that will arise in implementing the SIM card registration process. |
Izuogu, Chukwuyere Ebere Social Science and Research Network, pp. 119, 2010. @article{Izuogu2010d, title = {Exhaustion of Rights and the Resale of Used Software Licenses: The State of Play in Germany and the United Kingdom (September 30, 2009). Available at Social Science and Research Network}, author = {Chukwuyere Ebere Izuogu}, url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1597637}, year = {2010}, date = {2010-05-02}, journal = {Social Science and Research Network}, pages = {119}, abstract = {With the invention of the computer, subsequently came the software that enabled tasks to be performed on the computer system. According to Desmond (2008) software 500 survey indicated that the total worldwide revenues for companies in the software 500 list increased from $394 billion in 2006 to $451.8 billion in 2007. With the current growth rate at 14.7% and the commercial value of the software industry, it has become imperative that software should be regarded as an intellectual property asset which must be protected in order to maximize its commercial benefits. In recent times there have emerged new business models that carry on business as a sellers of used or unwanted software licenses (known as shelfware), the legality of this act is still very much uncertain as there exist legal confusion as to whether used or unwanted software licenses can be validly resold without infringing the rights of the original licensor. The main thrust of this research paper considers whether the right of the software owner is exhausted upon the first sale of the software. This research paper examines the relevant provisions of the Information Society/Copyright Directive and the Computer Programs Directive vis-a-vis the End User License Agreement (EULA) for both Microsoft’s and Oracle’s software package as interpreted by the courts in Germany and the United Kingdom in order to ascertain the validity of a software license resale in both jurisdictions. Both statutory and judicial authorities indicate that the distribution rights of software owners will be exhausted once the original software is distributed in a tangible media while the right of communication and making available to the public works against the exhaustion of rights doctrine once the original software package is distributed in an intangible form or deployed as a service. The implication here will be the migration of software owners and vendors to online business models in order to circumvent the exhaustion of rights doctrine, here reliance will be placed on Digital Rights Management (DRM) solutions, enabling end-users to access the software and this technology is associated with its own legal issues. As a final conclusion, the effects of these DRM solutions on the end-users and its possible resolution will be considered.}, keywords = {}, pubstate = {published}, tppubtype = {article} } With the invention of the computer, subsequently came the software that enabled tasks to be performed on the computer system. According to Desmond (2008) software 500 survey indicated that the total worldwide revenues for companies in the software 500 list increased from $394 billion in 2006 to $451.8 billion in 2007. With the current growth rate at 14.7% and the commercial value of the software industry, it has become imperative that software should be regarded as an intellectual property asset which must be protected in order to maximize its commercial benefits. In recent times there have emerged new business models that carry on business as a sellers of used or unwanted software licenses (known as shelfware), the legality of this act is still very much uncertain as there exist legal confusion as to whether used or unwanted software licenses can be validly resold without infringing the rights of the original licensor. The main thrust of this research paper considers whether the right of the software owner is exhausted upon the first sale of the software. This research paper examines the relevant provisions of the Information Society/Copyright Directive and the Computer Programs Directive vis-a-vis the End User License Agreement (EULA) for both Microsoft’s and Oracle’s software package as interpreted by the courts in Germany and the United Kingdom in order to ascertain the validity of a software license resale in both jurisdictions. Both statutory and judicial authorities indicate that the distribution rights of software owners will be exhausted once the original software is distributed in a tangible media while the right of communication and making available to the public works against the exhaustion of rights doctrine once the original software package is distributed in an intangible form or deployed as a service. The implication here will be the migration of software owners and vendors to online business models in order to circumvent the exhaustion of rights doctrine, here reliance will be placed on Digital Rights Management (DRM) solutions, enabling end-users to access the software and this technology is associated with its own legal issues. As a final conclusion, the effects of these DRM solutions on the end-users and its possible resolution will be considered. |
2009 |
Izuogu, Chukwuyere Ebere Social Science and Research Network, pp. 16, 2009. @article{Izuogu2009, title = {The Interim Digital Britain Report, File Sharing and the Emerging Role of Internet Service Providers (May 30, 2009). Available at Social Science and Research Network}, author = {Chukwuyere Ebere Izuogu}, url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1601787}, year = {2009}, date = {2009-05-30}, journal = {Social Science and Research Network}, pages = {16}, abstract = {According to Lessig, “The fear is that cyberspace will become a place where copyright can be defeated.” The internet has witnessed an exponential growth in recent times and has generated new business models. The internet also made it possible to digitally disseminate copyright works and this has become one of the greatest challenges currently facing the copyright industry. Enter the peer-to-peer (p2p) “killer application”, the Napster judgment and the recent Pirate Bay decision from Sweden remains instructive on their use. All around Europe measures are been proposed to give Internet Service Providers (ISPs) a role in the enforcement of copyright laws in a networked environment, for instance, the controversial 3-strikes law recently adopted by the French parliament and in the United Kingdom, Action plan 13 of the Digital Britain Report seeks to enact legislation requiring Internet Service Providers (ISPs) to notify alleged copyright infringers that their conduct is unlawful, this legislation also seeks to create a process whereby ISPs are required to make available to the rights holders retained anonymised information of repeat offenders. At first glance these proposed measures seem to be heading for a direct conflict with the general obligations not to monitor created under the Article 15 of the Electronic Commerce Directive (e-CD). This paper examines three issues; the compatibility of the proposed measures with the obligation not to monitor under the e-CD, the determination of the extent of the protection afforded the copyright holder under the Information Society Directive and the possibility of these legislative solutions in achieving the desired results.}, keywords = {}, pubstate = {published}, tppubtype = {article} } According to Lessig, “The fear is that cyberspace will become a place where copyright can be defeated.” The internet has witnessed an exponential growth in recent times and has generated new business models. The internet also made it possible to digitally disseminate copyright works and this has become one of the greatest challenges currently facing the copyright industry. Enter the peer-to-peer (p2p) “killer application”, the Napster judgment and the recent Pirate Bay decision from Sweden remains instructive on their use. All around Europe measures are been proposed to give Internet Service Providers (ISPs) a role in the enforcement of copyright laws in a networked environment, for instance, the controversial 3-strikes law recently adopted by the French parliament and in the United Kingdom, Action plan 13 of the Digital Britain Report seeks to enact legislation requiring Internet Service Providers (ISPs) to notify alleged copyright infringers that their conduct is unlawful, this legislation also seeks to create a process whereby ISPs are required to make available to the rights holders retained anonymised information of repeat offenders. At first glance these proposed measures seem to be heading for a direct conflict with the general obligations not to monitor created under the Article 15 of the Electronic Commerce Directive (e-CD). This paper examines three issues; the compatibility of the proposed measures with the obligation not to monitor under the e-CD, the determination of the extent of the protection afforded the copyright holder under the Information Society Directive and the possibility of these legislative solutions in achieving the desired results. |