Mobile Device Number Misconception

The conceptualisation of the Mobile Device Management System in 2019, designed to detect the criminal use of mobile devices, does not mandate mobile device owners to register and submit the International Mobile Equipment Identity number of their mobile devices, writes Emma Okonji

Last week, telecoms subscribers became jittery over certain media reports, which stated that mobile device owners, including mobile phone users, were henceforth mandated to register the International Mobile Equipment Identity (IMEI) number of their mobile devices, and submit same to the telecoms industry regulator, the Nigerian Communications Commission (NCC), to avoid the blacklisting and possible deactivation of their mobile devices, which include mobile phones.

This was however a misconception that the NCC has since corrected and explained that subscribers were not required to register and submit the IMEI number of their mobile devices.

The reports in question emanated from a section of the Revised National Identity Policy for SIM Card Registration that was recently launched by President Muhammadu Buhari and which has been uploaded on the commission’s website.

NCC, in its statement, clarified that it was the duty of NCC and other relevant agencies of government to track substandard mobile devices through their IMEI numbers at the point of entry into the country, hence the introduction of MDMS to address influx of unauthorised and substandard mobile devices into the county.

MDMS/IMEI Number

Every mobile device such as handsets, dongles, tracking devices, netbooks, among others, has a unique International Mobile Equipment Identity (IMEI) number, which enables mobile networks on which they are used to identify the device for the primary purpose of knowing what kind of services to provide for it and generally track it on the network. The IMEI number of any device, could be used to trace and track the device, through the help of the Mobile Device Management System.

In 2019, the NCC under its Executive Vice Chairman, Prof. Umar Danbatta, conceived the idea of Mobile Device Management System (MDMS) project, a consumer-centric initiative aimed at ensuring that all cases of influx of fake phones and counterfeit mobile/terminal devices are tackled in collaboration with other relevant agencies in the country.

According to Danbatta, the initiative, which is currently being implemented and deployed, would help the NCC to address all cases of e-waste and substandard mobile phones in the country, in line with the NCC’s E-waste Regulation of 2019. “By so doing, the commission will contribute to ensuring that the environment is not toxic and harmful to people’s health arising from the negative impact of e-waste dumping all over the place,” Danbatta said.

According to him, through the initiative, consumers would be protected to have access to and purchase only genuine mobile devices. Connection of substandard/fake phones to the networks of mobile operators is also eliminated.

When substandard phones are connected to any network to access telecoms services, it has the ability to degrade the quality of service, Danbatta explained, adding that it is essentially an initiative to ensure that consumers are protected and that when they buy phones, they are sure they are buying genuine phones that will offer value for their money as telecom consumers.

While the process to deploy MDMS is in place, NCC clearly stated that the initiative had been designed in such a way that phone users would not be mandated to go and queue to register the IMEIs of their phones. NCC said it would rather provide another layer for the Commission to tame influx of substandard devices through its type-approved mobile devices process, whereby phone manufacturers/importers and dealers are, at the point of entry, able to have all the IMEIs of their devices captured so that NCC can confirm they are in line with the International Telecoms Union (ITU) specifications and prescribed standards, thereby certifying that they are not substandard or fake before they are being sold to Nigerians in the market.

Imperatives of anti-theft solutions

The recently launched Nigerian Telecoms Law and Regulation book, which has 18 chapters with over 600 pages, and co-authored by a telecoms regulatory professional at the NCC, Quasim Odunbaku, and a lawyer, who specialises in Telecommunications, Media and Technology (TMT) practice, Rotimi Akapo, gave the imperatives of MDMS as essential anti-theft solution.

According to the book, the move by NCC to conceive the idea of MDMS in 2019, became necessary since Nigeria does not have the Central Equipment Identity Registries (CEIR), which enables countries to blacklist implicated devices and prevent their further use on individual networks across other participating jurisdictions. Equipment registries are also very useful for crime detection and prevention, especially when such crimes were perpetuated through the use of mobile devices and the IMEI number identified.

The telecoms book explained that the IMEI database had proved particularly useful in curtailing the theft of mobile handsets and the criminal use of such devices. “As a result of the global dimensions of such crimes, the GSMA, which is the body that represents the interests of global mobile operators, in conjunction with several jurisdictions, have co-operated to set up CEIR.

The GSM Association (GSMA) issues IMEI numbers to Original Equipment Manufacturers (OEMs) and manages the global IMEI system through the global IMEI Database (IMEI DB). There is currently no CEIR framework in Nigeria, following the failure of an earlier attempt in that regard. The NCC therefore announced its intention to introduce a Mobile Device Management System (MDMS), which would apparently serve as an enhanced CEIR,” the book started in one of its chapters.

The book added that CEIR implementation would typically raise a few legal and regulatory issues, some of which would relate to privacy and legal liability.

The book listed the issues to include: Whether the provisions of the Nigeria Data Protection Regulation (NDPR) and other data privacy protection instruments will apply to CEIR databases given that the IMEI is unique to the device and may therefore be used to identify the owner; A huge number of devices in use in Nigeria (and other developing countries) are marked with cloned or duplicated IMEIs, meaning that a large number of devices may have the same IMEI. Also, many devices are second-hand/used devices which may have been stolen, but are purchased for value by users. The question then is, what recourse would a subscriber have where a device honestly purchased for valuable consideration without notice of its dubious provenance is blacklisted?;

Conversely, what recourse would a subscriber have (and against who) where the network is unable to implement a blacklisting request because the device bears a cloned/duplicated IMEI and that blocking that IMEI would deny many other users the ability to use their legitimately acquired handsets?
The telecoms book made it clear that the issues raised would be conclusively addressed in the regulatory instrument for the implementation of the CEIR/MDMS system in Nigeria.

NCC’s motive with MDMS

In a bid to tame the influx of substandard mobile devices and to successfully trace and track mobile devices that may be used to commit crimes like kidnapping and assassination, the NCC, in February 2019, issued a press statement, stating its motives on MDMS, in place of the global CEIR, which Nigeria lacked.

According to the statement, the Office of the National Security Adviser (ONSA) in collaboration with the NCC and other government agencies, set up committees to combat the recurrent cycle of fraudsters deploying their trade via fake and substandard mobile devices.

The two joint committees set up were the Project Steering Committee (PSC), comprising the Infrastructure Concession Regulatory Commission (ICRC), the Federal Ministry of Communications and the NCC and the Project Delivery Team (PDT) which drew representation from the Federal Ministry of Communications, the ICRC, the Federal Ministry of Finance and the NCC.

The committees, with specific terms of references, were to work together to ensure the implementation of MDMS), a public-private partnership project, aimed at combatting the proliferation of fake, counterfeit, substandard and cloned mobile communications devices in the telecommunication industry.

While inaugurating the committees in Abuja in 2019, Danbatta, said the move was in line with the mandate of the commission, as enshrined in the Nigerian Communications Act (NCA), 2003, to type-approve all devices used in the telecommunications industry and to ensure that all devices used in the telecommunications industry are in line with agreed standards and specifications.

According to him, “the principal objective of the proposed MDMS project is to establish a secure and comprehensive single-window solution that will enable the Commission to implement a proven solution in the Nigerian environment that is sustainable and demonstrate value for money in addition helping to address the various concerns that have been raised with the NCC from the Office of the National Security Adviser (ONSA) in our regular interactions on security matters as it concerns the telecommunications industry.”

He said the increasing cybercrime, evasion of taxes, terrorism and health and safety concerns raised by the use of stolen, counterfeit and substandard devices in Nigeria, was a responsibility, which the NCC would take seriously.

“In 2015, the NCC organised a stakeholder forum aimed at developing recommendations that could influence decision and policy directions, leading to solutions to combat the issue of counterfeit and substandard Information and Communication Technology (ICT) devices in the country. Based on the importance of the project to the NCC, the Bureau of Public Procurement (BPP) and the ICRC were engaged for a no-objection to advertise for International Competitive Bidding (ICB) process towards the acquisition of an effective MDMS solution, adding that the ICRC subsequently recommended the establishment of the two committees to fast-track the process,” Danbatta said.

NCC’s clarifications on IMEI number

Reacting to last week’s media reports, Danbatta said telecoms subscribers were not mandated in any way to register and submit the IMEI number of their mobile devices.

“At no time did the commission issue a statement regarding the registration of IMEI by subscribers and it has no plans to do so. The reports in question have emanated from a section of the Revised National Identity Policy for SIM Card Registration recently launched by President Muhammadu Buhari and which has been uploaded on the commission’s website.

“It is pertinent to state that the Commission is in the process of deploying a Device Management System (DMS). The DMS will essentially protect subscribers against phone theft and will identify and enable the elimination of fake devices from the networks. The system will capture IMEI automatically without any requirement for subscribers to submit same,” the NCC stated.

It advised members of the public to disregard the publications, which it said had created the erroneous impression that telephone subscribers would be required to register their IMEI with their networks.