Mandated service restriction orders (network shutdowns)

Background

From time to time, mobile operators receive orders from government authorities to restrict services on their networks.

These service restriction orders (SROs) require operators to shut down or restrict access to their mobile network, network service or over-the-top (OTT) service.

Orders include blocking particular apps or content, restricting data bandwidth and degrading the quality of SMS or voice services. In some cases, mobile operators would risk criminal sanctions or the loss of their licence if they disclosed that they had been issued with an SRO.

SROs can have serious consequences. For example, national security can be undermined if powers are misused and public safety can be endangered if emergency services and citizens are unable to communicate with one another. Freedom of expression, freedom of assembly, freedom to conduct business and other human rights can also be affected.

Individuals and businesses can also be affected by an SRO, and can become unable to pay friends, suppliers or salaries. This can have a knock-on effect on credit and investment plans, ultimately damaging a country’s reputation for managing the economy and foreign investment and discouraging donor countries from providing funds or other resources.

MNOs also suffer. Not only do they sustain financial losses from the suspension of services and damage to their reputation, but their local staff can also face pressure from authorities and possibly even public retaliation.

Debate

What factors and alternatives should governments consider before planning an SRO?

What tools and methods can be used to avoid the need for an SRO or to avoid negative impacts if an SRO is the only option?


Industry position

The GSMA discourages the use of SROs. Governments should only resort to SROs in exceptional and pre-defined circumstances, and only if absolutely necessary and proportionate to achieve a specified and legitimate aim that is consistent with internationally recognised human rights and relevant laws.

To aid transparency, governments should only issue SROs to operators in writing, citing the legal basis and with a clear audit trail to the person authorising the order. They should inform citizens that the service restriction has been ordered by the government and has been approved by a judicial or other authority in accordance with administrative procedures laid down in law. They should allow operators to investigate the impacts on their networks and customers and to communicate freely with their customers about the SRO. If it would undermine national security to do so at the time the service is restricted, citizens should be informed as soon as possible after the event.

Governments should seek to avoid or mitigate the potentially harmful effects of SROs by minimising the number of demands, the geographic scope, the number of potentially affected individuals and businesses, the functional scope and the duration of the restriction.

For example, rather than block an entire network or social media platform, it may be possible for the SRO to target particular content or users. In any event, the SRO should always specify an end date. Independent oversight mechanisms should be established to ensure these principles are observed.

Operators can play an important role by raising awareness of the potential impact of SROs among government officials. They can also be prepared to work swiftly and efficiently to determine the legitimacy of the SRO once it has been received. This will help to establish whether it has been approved by a judicial authority, whether it is valid and binding and whether there is any opportunity for an appeal, working with the government to limit the scope and impact of the order. Procedures can include guidance on how local personnel are to deal with SROs and the use of standardised forms to quickly assess and escalate SROs to senior company representatives.

First and foremost, all decisions should be made with the safety and security of the mobile operator’s customers, networks and staff in mind, and with the aim of restoring services as quickly as possible.

Resources

Guidelines for the Lawful Disruption of Access to Online Services, Australian Government, July 2017

Joint Statement on Network and Service Shutdowns, Global Network Initiative and the Telecommunications Industry Dialogue, July 2016