4 - Developing Relevant Legislation Article 13: Work of the NTRA board of directors, licensing rules pertaining to infrastructure establishment, and regulations relating to penalties Article 15: Term of office of the executive president of the NTRA Article 25: Licensing obligations Group 2: Amendments to items concerning regulation of the relationship between telecommunications companies Article 28: Linkage between companies Articles 33 and 34: Implementation of the resolution until a final ruling is passed Article 40: Regulation of the relationship between the licensee and the holder of the usufruct Group 3: Amendments to items concerning technological progress Article 54 : Spectrum division after the switchover from analog to digital Article 64 : Addition of technologies and software to equipment used for encryption Group 4: Amendments to items concerning the authority to disconnect communications The most important amendments to the law involved Articles 65 and 67, which stipulated that in the case of general mobilization the prime minister should determine the competent state authority to manage all telecommunications services, networks, operators and service providers. The conditions for such a general mobilization included natural and environmental disasters and national security threats. 32 33 Article 65, original: Article 67, original: The National Telecommunication Regulatory Authority shall, in cooperation with the Armed Forces and the concerned state entities, prepare a prior plan for the operation of telecommunications networks, to be implemented during natural or environmental disasters and periods of general mobilization according to the provisions of Law No. 87 of 1960 concerning general mobilization and any other circumstances related to national security. The plan shall be updated periodically in order to secure national defense and security. Telecommunications operators and service providers shall be obliged to implement the plan. The competent state authorities shall have the power to subject to their administration the telecommunications services and networks of any operator or service provider, and those working in the operation and maintenance of these services and networks, in case of natural or environmental disaster or during periods of declared general mobilization in accordance with the provisions of Law No. 87 of 1960 concerning these and other cases related to national security. Article 65, amended: The National Telecommunication Regulatory Authority shall, in cooperation with the Ministry of Defense and the concerned state entities, prepare a detailed prior plan for the operation of telecommunications networks, to be implemented during periods of general mobilization, according to the provisions of Law No. 87 of 1960 concerning general mobilization, that shall be limited to tension in international relations, the threat of war, actual war, natural or environmental disasters, or crises threatening national security. The plan shall include the determination of the authority to which some or all telecommunications services, networks, operators and service providers, as well as those working in the operation and maintenance of these services and networks, are subject. The plan shall be updated periodically in order to secure national defense and security. Telecommunications operators and service providers shall be obliged to implement the plan. Article 67, amended: In the case of a declaration of general mobilization as provided for in Article 65, the Cabinet shall issue a resolution activating the plan referred to in Article 65. The resolution shall define when implementation of the plan is to begin and the duration of its application. In all cases, it shall be prohibited to disconnect telecommunications services or to stop their operation entirely or partially, except in the case that a written decision has been issued by the President of the Republic following a proposal to do so by the Cabinet. In this case, the President of the Republic shall, within 15 days of issuing such a decision, submit a detailed report to the People’s Assembly explaining the reasons for adoption of the measure. In the event that the People’s Assembly is not in session, the submission shall be made in the first session held. In all cases, it shall not be permissible to disrupt or stop relief and emergency services. Group 5: Amendments to items concerning penalties for crimes including disclosure of information, jamming of communications, use of encrypted devices and provision of telecommunications services without license in Articles 72, 76, 79, 81, 82, 84, 85 and 87. Group 6: Addition of articles: Article 27-bis, concerning the share of Egyptian ownership in telecommunications companies; and Articles 63-bis and 63-bis (a), concerning state media and content licenses. 4.2 Freedom of Information Draft Law In light of the wide information space in which we live today, and in support of Egypt’s democratic transition, the Freedom of Information Law will fulfill certain important aspirations of the Egyptian people, enshrining in law their right to access data and information, and serving to stabilize democratic practice. This freedom, along with many others prevalent in democratic practice, provides an indication of political maturity, as with it comes responsibility. For this reason, the new law relies on specific measures and mechanisms to maintain the right balance between freedom of access to information and preventing misuse of this freedom. The basis of this law, therefore, is that access to information is the norm, and prevention the exception, but in a manner that does not infringe on the right to personal privacy or pose a risk to national security. The talk about the availability of information could harm national security of Egypt or the exposure of relations with other countries at risk under the banner of freedom is not acceptable, so this law sought to bring about the desired balance between the considerations of freedom as a fundamental human rights and privacy considerations and national security.