South SudanNational Communication Act, 2012, Licensee Security Duty
National Communication Act, 2012 (Act No. 24), sec. 88
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://mojca.gov.ss/wp-content/uploads/2023/03/National-Communication-Act-24-of-2012.pdfIn force.
A sector security regimes rule binding private bodies.
- Criminal exposure
- No
- Private right of action
- No
- Obligation class
- Security, Licensing
What it requires
- This binds a person or entity holding a National Communication Authority (NCA) licence to construct, install or operate a public or private communication network in South Sudan (Sec. 4(2), Sec. 26, Sec. 87); the National Armed Forces, other law enforcement agencies and National Security organs run their own networks outside this licensing regime and this duty (Sec. 26(2)(a)).
- Provide protection, technical security and safety for the Licensee's own facilities, equipment and communication networks, so as to ensure system efficiency and reliability (Sec. 88(3)).NIST CSF 2.0PR.IR-01
- Cooperate with the Authority's own efforts to protect communication networks against intrusion and vandalism, and discourage and prevent disruptive, unethical or malicious practices contrary to the Authority's policies and regulations (Sec. 88(1)).NIST CSF 2.0GV.OC-03
These lines are LexLint's reading of the law's text.
In the frameworks
Our reading of where this law's duties sit in each framework, and in the NIST CSF 2.0, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Enforcement body
The National Communication Authority, which under Section 97 must first require a Licensee to remedy a contravention within thirty days of notice, then may shorten the licence term, suspend or cancel the licence, or impose a financial penalty set by regulations rather than by the Act.
Settledness
- As of
- Open questions
- Has the National Communication Authority issued the regulations Section 97(2) refers to, specifying the financial penalty or the technical security standard a Licensee must meet under Section 88(3)?
What this law does
Section 88(3) requires every Licensee holding a National Communication Authority licence to construct, install or operate a communication network to provide protection, technical security and safety for its facilities, equipment and communication networks, so as to ensure system efficiency and reliability.
Section 88(1) places a parallel duty on the Authority and Licensees together to protect communication networks against intrusion and vandalism, and Section 88(2) lets the Authority establish protection and safety facilities in collaboration with Licensees toward that end. A Licensee that breaches the security duty is first given an opportunity to remedy the contravention within thirty days of notice, under Section 97(1).
On failure to remedy, Section 97(2) lets the Authority shorten, suspend or cancel the licence, or impose a financial penalty, with the specific penalty amounts left to regulations rather than stated in the Act itself. Section 1 brings the Act into force on the date of signature. No notice of the day it was signed has been located.
When LexLint raises it
When your app profile says your app provides telecom services.
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