(3)
No customer shall have a legal or other right of recourse against a service provider for
complying with any directives, regulations, rules, order or other requirements from the
Attorney General regarding access of the Liberian Government to a service provider’s
telecommunications network or telecommunications services for information related to
national security or detection or prevention of illegal activities.
70.
Public Emergencies
(1)
In case of a public disaster or state of emergency, service providers shall comply with any
directions relating to telecommunications services issued by the government ministry
responsible for disaster co-ordination to alleviate problems faced by the public or the
Government related to such disaster or emergency.
(2)
Service providers may apply to the Government of Liberia through the appropriate Ministry
responsible for disaster co-ordination for compensation or other assistance with the
demonstrated costs of complying with Section 70 (1), but not for loss of revenues during any
period of service suspension. The Government of Liberia shall consider any such application
in accordance with the LTA regulations, rules and order; this Act and other applicable laws
of Liberia in approving compensation regarding the recovery of such costs by service
providers.
71.
Traffic Monitoring and Interception
(1)
Service providers shall, in addition to any other traffic monitoring or customer information
related obligations under this Act, establish and maintain traffic monitoring and interception
capabilities in accordance with standard technical specifications or guidelines issued from
time to time by the LTA.
(2)
Service providers shall also retain traffic information in accordance with LTA specifications
and guidelines, and shall provide traffic information in accordance with an order from a
Circuit Court Judge. In the case of the content of customer communications, a service
provider shall give such information only upon a court order based upon probable cause
presented to a Circuit Court Judge for the reason that the customer is engaged in criminal
activities; and provided however, the court order shall not be for a period of more than ninety
(90) days at a time.
(3)
In the event that it becomes necessary to continue to provide information on the content of a
customer’s communications in excess of the first ninety (90) days, a second court order may
be obtained upon presentation to a Circuit Court Judge that there is some actual evidence of
the engagement of the customer in activities adverse to national security interest or engaged
in any other criminal activities.
(4)
No third court order on the content of a customer’s communication in respect to the same
activity or activities for which two (2) court orders have already been issued shall be issued
without a formal charge against the customer for commission of a criminal offence in respect
of said previous activity or activities.
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