Computer and Telecom related laws in Trinidad and Tobago

Last updated : 28th November 2006

Introduction

This article is about the computer and telecom related laws and policies that have been introduced and/or proposed in Trinidad and Tobago.

How laws are passed in Trinidad and Tobago

(This is a layperson's understanding of the process. A lot of information was obtained from the Trinidad and Tobago Parliament's website.)

Laws are introduced and passed in the Parliament of Trinidad and Tobago which consists of the President of Trinidad and Tobago and two bodies, a House of Representatives and a Senate. The House of Representatives has thirty six (36) elected representatives of the constituencies in Trinidad and Tobago. The Senate has 31 senators appointed by the President, sixteen on the advice of the Prime Minister ; six on the advice of the Leader of the Opposition; and nine Independents appointed by the President.

Proposed laws are introduced either in the House of Representatives or in the Senate as a Bill. The Bill is debated and after a vote, is passed with or without amendments. This Bill (as passed) is then introduced in the other chamber of Parliament where it is similiarly debated, possibly amended and voted on.

If there are no amendments to the Bill in the second chamber, then the Bill is passed.

If there are amendments to the Bill in the second chamber, the amendments have to be voted by the chamber where the Bill was first introduced.

Once the Bill in its final form has been approved by both the House of Representatives and the Senate, the Bill as passed becomes an Act. Depending on the the legislation, the Act comes into effect on the Date of Assent, and/or when proclaimed by the President.

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The Role of Open Source Software in Trinidad and Tobago

In late October 2006, the Ministry of Public Administration and Information (MPAI) has published a discussion paper on "the role of Open Source Software in Trinidad and Tobago". From the document :

"The aim of this paper is review the role of the Open Source Software (OSS) model within the broader societal goals of economic and social development. The issues discussed herein shall be critical to further engage the Public Service and the wider national ICT sector in developing an action plan going forward. Such a national discourse and action plan will go a long way in meeting the objectives of fastforward, the National ICT Plan, and the regional action plan for the information society, eLAC2007.

In pursuing the above aim, this consultation paper attempts to: (i) address the major risks cited against the use of the OSS model; (ii) identify uses of the OSS model in various segments of the industry; and (iii) gain feedback proposing a way forward, with opportunity and threats, for OSS in the developmental objectives of Trinidad and Tobago."

Internet Bandwidth Management

The Internet Bandwidth Management proposed policy was released for comment in June 2006 by the Ministry of Public Administration and Information (MPAI). The Internet Bandwidth Management document makes these points :

  • that the cost of external Internet bandwidth and the hosting of content outside of Trinidad and Tobago is detrimental to the local economy and is a hurdle to e-commerce and content development and to the success of Government's Fastforward initiative.
  • that methods should be taken to reduce the usage of external Internet bandwidth. These include
    • the hosting of content locally in Trinidad and Tobago which would
      • act as a catalyst for local content being released under Creative Commons and for the marketing of proprietary content.
      • create a robust foundation for e-Business/e-Commerce.
      • act as a catalyst for use of local content based services such as data warehousing and tele-medicine.
    • employ techniques for efficient utilisation of bandwidth such as compression of content/data and caching servers.
    • local ISPs peering through a national IXP to facilitate local hosting.

On November 1st, 2006, the Ministry of Public Administration and Information (MPAI) held a workshop to discuss "Internet Bandwidth Management" Strategy with interested stakeholders.

At this workshop, the MPAI presented two broad proposals to address the issue of Internet Bandwidth Management :

  • Development of an Internet eXchange Point (IXP) :
    • how such an IXP be developed and managed
    • the best location for an IXP
  • local hosting of local content :
    • what should be done to promote local content development
    • how should domestic hosting be developed and managed
    • where would such a local hosting facility be located

The MPAI has released a summary of the workshop on the fastforward's website.

Draft Policy on Micro, Small and Medium-sized International Public Telecommunications Services and/or Networks

Draft Policy on Cable Television Networks and Services

These draft policies were released by the Telecommmunications Authority of Trinidad and Tobago (TATT) in December 2004. The deadline for comments on these policies is December 31st, 2004. The Trinidad and Tobago Computer Society (TTCS) had obtained these paper documents and have scanned and converted them into PDFs in late December 2004.

In January 2005, the TATT website came online and has made available these draft policies for download.

Read TTCS comments on the

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National Policy on Data Protection

The Draft National Policy on Data Protection was released for comment in November 2004 by the Ministry of Public Administration and Information (MPAI). According to the text,

The Data Protection Policy applies to all personal information collected, used or disclosed by private sector and public sector organizations in the course of commercial or government related activity. Key among the Data Protection Policy provisions are:

    organizations are required to seek the consent of individuals prior to collecting, using or disclosing their personal information;
  • organizations must protect personal information with security safeguards appropriate to the sensitivity of the information; and
  • individuals may access personal information about themselves held by an organization and have it corrected, if necessary.

This Data Protection Policy is based on the North American Model and meant to be compliant with rigorous standards for the protection of personal data as outlined in the European Union's Data Protection Directive and takes into consideration the objectives of fastforward while focusing on the need to be compliant with the target market laws on which we are focused including compliance with the US HIPAA Act.

In September 2005, a second revised Draft National Policy on Data Protection was released by the MPAI.

Similiar to the United Kingdom, one of the main purposes of the revised Draft Data Protection Policy is to

Establish a national Data Commissioner. This Policy and Bill recognise the need for a credible, expert and independent institutional infrastructure to advise the Government on the implementation of this Policy and Bill, as well as determine issues of compliance and redress. It recommends that a regulatory body be established in the form of a Data Commissioner whose role would be to hear appeals regarding access and correction of personal information held by public authorities and selected private sectors to which mandatory requirements would apply, and promote the purposes of the legislation through education, research, and co-operative activities.

In January 2006, the MPAI released the final Data Protection Policy :

The Policy will guide the Data Protection Bill that will be introduced in Parliament in the future.

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National Policy on Electronic Transactions

The Draft National Policy on Electronic Transactions was released for comment in November 2004 by the Ministry of Public Administration and Information (MPAI). From the text :

The main purpose of the Electronic Transactions Policy is to provide the legal framework for electronic transactions. This framework seeks to provide the legal principles to regulate the use of electronic documents and electronic signatures. The Policy provides the legal requirements governing records to be prepared in an electronic form and sets out the basic rule that an electronic record is not subject to legal challenge merely because it is in electronic form.

The Policy recognizes that a legally binding document can be crated by use of an electronic signature. The Policy also provides for the formation of contract electronically and communication of electronic records. The Government is empowered under to make regulations relating to the use, import and export of encryption programs and other encryption products, and with respect to the protection of personal data. Furthermore, the Policy also makes provision for intermediaries and ecommerce service providers, and for the establishment of an Advisory Board to advise Government on the execution of this policy.

....This Policy is based upon the Bermuda Model which draws upon a variety of sources including the UNICTRAL Model Law on Electronic Commerce (Parts II and III), and merely establishes the legal principles for the conduct of electronic commerce and the processing of electronic transactions...

In September 2005, a second revised Electronic Transasctions Policy was released by the MPAI.

In January 2006, the MPAI released the final Electronic Transaction Policy :

The Policy will guide the Electronic Transactions Bill that will be introduced in Parliament in the future.

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National Policy on Broadcast and the Broadcasting Industry

The Draft Policy on Broadcast and the Broadcasting Industry was released for public comment on the Trinidad and Tobago Government's website in early August 2002 by the Ministry of Science, Technology & Tertiary Education. The Draft Policy includes proposals on the ownership structure of the broadcasting industry, a quota system for local programming content, non-profit and religious broadcasting among other issues.

With the deadline for submissions for comments on October 31st, 2002, the Trinidad and Tobago Computer Society (TTCS) submitted comments on the Draft National Policy and the Broadcasting Industry.

The Minister of Public Administration and Information announced the National policy on Broadcast and the Broadcasting Industry in the Senate on Tuesday 20th January 2004 and was made available for download from the NICT/FastForward website in February 2004.

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Proposed Policy to exempt licensing of systems operating in the 2.4GHz and 5.8GHz ISM Bands

In early May 2004, the Ministry of Public Administration & Information released a proposed policy "to exempt licensing of systems operating in the 2.4GHz and 5.8GHz Industrial, Scientific & Medical (ISM) Bands for the provision of affordable wireless connectivity and Broadband Internet Access".

The proposed policy recommends the use of 2.4GHz systems (such as 802.11b, 802.11g, Bluetooth) to be deployed within the constraints of or between the user’s premises for non-third party applications and 5.8GHz systems (such as 802.11a) to be deployed for both public and private network services.

The deadline for comments from the public on this proposed policy was Friday 28th May 2004.

Our main point in the comments on the proposed policy :

The 2.4GHz band should be given the same privileges as the 5.8GHz band and let users/market forces decide which band is more appropriate for their needs. In other words, 2.4GHz systems should be allowed to be deployed for both public and private network services, just like 5.8GHz systems.

Spectrum Plan for Accommodation of Broadband Wireless Access (BWA) Services.

In April 2006, the Telecommmunications Authority of Trinidad and Tobago (TATT) published a Spectrum Plan for Accommodation of Broadband Wireless Access (BWA) Services for comment. "..This plan proposes spectrum bands based on current wireless access technologies and sets out the approach to be adopted by the Authority towards licensing of these bands."

In this document, this April 2006 policy states

6.3.4 Individual or user licences will not be required in order to use radiocommunication equipment in the 2.4 GHz band.

6.3.5 Radiocommunication systems using the 2.4 GHz band can be used for both private or public telecommunications networks and services or broadcasting services.

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Telecommunication Act 2001

Introduced in the Senate in February 2001, the Telecommunications Bill establishes a legislative framework for telecommunications and broadcasting services in Trinidad and Tobago, for the purpose of encouraging new providers to enter the market, thereby facilitating competition in the sector. It also provides for the formation of a Telecommunication Authority to monitor and regulate the telecommunication sector.

The Telecommunication Bill was passed with amendments in the Senate in April 2001. The House of Representatives recived the bill in May 2001 and was passed later that month. The Telecommunications Act was offically assented on the 5th July 2001. However, the full act has yet to be proclaimed by the President. Only Parts I, II, VII, VIII and X with the exceptions of Sections 77, 81, 82, 83, 84 and 85 of the bill are in effect.

An interim Telecommunication Authority was set up in July 2002.

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Telecommunications (Amendment) Act, 2004

The Telecommunications (Amendment) Bill 2004 was introduced in the House of Representatives in March 2004. The introductory text of the Bill states :

"These amendments to the Telecommunications Act 2001 purport, inter alia, to bring clarity to provisions considered ambiguous, to encourage investment by creating and sustaining a framework for fair competition and to ensure the availability of quality services at affordable prices; all of the foregoing being required by the International Telecommunications Union and the World Trade Organisation in respect of legislative reform in the telecommunications/ICT industry."

The Explanatory Notes for modifying the definition of "public telephone service" "..will make it abundantly clear that the Authority will regulate the delivery of all public voice services irrespective of the means used to provide the service (e.g., VOIP)"

Page 3 of the Explanatory Notes for the definition of "value added service" states that : "The existing definition creates ambiguity with respect to the classification of ISPs. Government's policy requires the regulation of ISPs as public data telecommunications service providers. The revised definition (of value added services) is in accordance with this policy prescription as the definition makes it clearer that value added services are services that provide content and shall not include services by which such content is provided. ......

Various comments/opinions of the Telecommunication (Amendment) Bill :

The Telecommunications Amendment Bill, 2004 was passed in the House of Representatives on the 20th April, 2004. It was passed in the Senate with amendments on 18th May 2004. The House of Representatives approved the Senate Amendments on the 26 May 2004. It was assented to on June 14th, 2004.

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Computer Misuse Act, 2000

The Computer Misuse Bill, 2000 was introduced in the Senate in October 2000 in the House of Representatives. It was passed in both the House of Representatives and the Senate in October 2000.

The main purpose of the Computer Misuse Bill 2000 is to prohibit the unauthorised access, use of or interference to any program or data held in a computer and to a computer itself.

The Bill therefore seeks to enhance computer security by giving protection to the integrity of computer systems and by providing stringent penalties for specified computer related offences.

The Computer Misuse Bill also provides enhanced penalties in case where the offence results in damage, which includes financial loss, injury, or harm.

Some of the points/issues raised by the TTCS :

  • How does one ensure that computer data presented as evidence in court was the same evidence that was originally collected? Computer logs are text files and can be easily modified.
  • Re: Clause 16, Police or authorised persons can contaiminate data while conducting their investigations. What is to prevent or protect against such problems?
  • It is possible for someone to easily frame another person for a computer crime.
  • The proposed Bill defines various computer-related offences as criminal acts. This means that the case will be tried before a jury. Would such a jury understand the technical aspects of the case?
  • What happens to minors (persons under 18) under this law?
  • Re: Clause 12,13, If a Trinbagoian runs a e-commerce site hosted in the U.S and a offence is committed against the site, causing momentary loss to the Trinbagoian. Under what jurisdiction is the crime prosecuted? Trinidad and Tobago The U.S?
  • Email viruses such as the Love Bug can be spread by unwitting users to other computers including protected computers as defined in clause 9. Would such a person be liable under clause 9?
  • Re: Access code in Clause 8, Computer hardware and software are sold with a default password that should be changed by the owners when they install it. If they don't change the password, and an outside person notices this and notifies the owner of the hardware/software, would the someone be committing an offence under clause 8?
  • Re: Clause 17, Arrest by police officer (without warrant) is controversial. This clause was removed from the final act.

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Electronic Transfer of Funds Crime Act, 2000

The Electronic Transfer of Funds Crime Bill 2000 was introduced in the Senate in October 2000 at the same time of the Computer Misuse Bill. in the House of Representatives. The Bill was passed with modifications in October 2000.

The main purpose of this Bill is to regulate the transfer of money through an electronic terminal by means of a card for the purpose of instructing or authorising a financial institution to debit or credit a cardholder’s account when anything of value is purchased.

The application of the Bill is limited to bank cards, credit cards or smart cards or other similar type of cards used for purchasing anything of value.

It doesn't address the use of credit cards online.

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Digitial Signatures Bill

The Digitial Signatures Bill seeks to regulate the use of digital signatures and the legal framework to make them work such as the regulation of certification authorities who issue certificates to persons.

The Bill was withdrawn from Parliament. Some possible complaints :

  • The bill is long, divided into 7 parts and has about 90 clauses in all which makes for very tough reading and understanding.
  • The bill focused in detail on only using asymmetric encryption (using public and private keys) for authenticating signatures. What if other technologies could be used (e.g biometric recognition)?
  • Clause 79 "Search and seizure (of police) without warrant" is controversial.

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