In the past few months, Research in Motion Ltd. (RIM), the creator of the Blackberry, has been under pressure by authorities in the United Arab Emirates, Saudi Arabia, India, and other countries to provide greater access to the encrypted information sent by its devices. Each country has threatened to ban Blackberry services unless greater access to monitor such communications was granted.
This demand is due to the belief that such communications pose security concerns; that encrypted message and email chat services could be used for nefarious purposes including terrorism and other illegal activities. In addition, countries such as Indonesia have also expressed concern that mobile communication could also be used violate laws or national mores. For example, Indonesia has requested that RIM block pornographic content.
Governments Seeking a Total Ban on Blackberry Services
In August, both Saudi Arabia and India imposed separate deadlines by which RIM must provide access to Blackberry users’ messages, in order to avoid a ban on the device in the country. RIM has stated that such a ban would “risk undermining the growth of electronic commerce by demanding access to secure communications and transactions,” and that this is not only about Blackberry, but about the Internet. “If they can’t deal with the Internet, they should shut it off.”
However, despite these harsh words, RIM was able to avert a total ban and reach a deal with the respective governments, but only after RIM decided to allow the Saudi and Indian government to have access to Blackberry users’ emails and instant messages.
In seeking access, some governments have suggested that RIM already provides some access to the U.S. government and, as such, they are merely asking to be treated in a similar manner. RIM has categorically denied these allegations and has stated that any claims that it provides “something unique to the government of one country” are completely unfounded.
Security vs. Privacy
Certain countries such as Saudi Arabia do currently block some Internet content for political reasons. As such, some have suggested that the pressure on RIM is an effort by the government to exert more control over communications, and that RIM has compromised Blackberry’s appeal of providing strong data encryption in an attempt to appease the countries to preserve their access to the overseas market. Saudi Arabia is reportedly RIM’s largest market in the Middle East, with about 700,000 Blackberry users. India is the second largest mobile market in the world, and the United Arab Emirates, upon which the Middle Eastern business hub of Dubai is located, provide services to about 350,000 BlackBerry users.
However, regardless of the fact that the request for greater access to Blackberry communications could be used by governments for political purposes, there are legitimate security concerns, as more people use such mobile devices. For example, in 2008, 166 people were killed in a terrorist attack in Mumbai, which were believed to have been planned by extremists using mobile and satellite phones. Such security concerns have been acknowledged by various governments in the world, including the U.S. government. But as more people acquire mobile devices and use such devices to perform an increasing range of tasks, RIM must balance such security concerns against privacy concerns of users of Blackberry.
What makes this balance even more difficult to attain is the fact that some governments do not have a strong technological understanding with respect to the Blackberry. For example, governments are demanding a “back-door key” to encrypted files. Such a key does not exist, as the Blackberry was designed to prevent RIM, or anyone else, from reading encrypted information. In addition, both Saudi Arabia and India, in its negotiations with RIM, have insisted that RIM must locate servers inside their countries to make monitoring easier, a response that would have no effect on the ease of access to RIM’s global system.
As such, RIM is attempting to raise awareness with respect to the limits of technology. RIM is holding discussions with the regulatory authorities of various governments in an attempt to get across the message that the Internet requires secure communications. It has also proposed an industry-wide forum to examine ways of “supporting the lawful access needs of law enforcement agencies while preserving the legitimate information security needs of corporations.”
Conclusion
While RIM managed to come to a resolution with the governments of Saudi Arabia and India, this resolution is temporary at best. RIM has set a precedent, and other countries seeking access to Blackberry communications will now also expect similar deals. Already, the United Arab Emirates have announced intentions to block the Blackberry by October, and while Indonesia has not yet set any deadlines in which it will ban Blackberry service, it has threatened that such a ban will occur if its demands to block pornographic content are not met. RIM is not the only player that is being affected, India has now stated that it will demand that other companies such as Google and Skype also provide access to data and install local servers in the country. Whatever the future will bring is unclear but it does appear that private companies wishing to do business in certain regions in the world are being compelled to adjust their business practices and their business services accordingly for fear of being banned.
Heydary, Javad
(416) 972-9001 Ext. 201
jheydary@heydary.com
