Author: Ericson M. Scorsim

Ericson Scorsim. Lawyer and Consultant in Regulatory Communications Law. Ph.D. in Law from the University of São Paulo (USP).

Anatel, the Brazilian Telecommunications Agency, is proposing the vacancy of band C (3.5 GHz frequency range) by satellite services in the discussion on the auction of 5G frequencies. Thus, the Auction Bid Notice draft proposes the vacancy of the frequency band from 3.625 MHz to 3.700 MHz. It also proposes to mitigate harmful interference problems in the signal reception of satellite service stations (FSS) operating in the 700 MHz to 4,200 MHz bands.

This frequency band is used for satellite television services, called TVRO for the KU band. Anatel has issued a memo recommending compensation related to the stations linked to foreign satellites. According to that document, the compensation’s objective is to enable the early cleaning of the frequency band, assuming the costs of readjustment of the ground stations operating in band C.

The entity that manages the 3.5 MHz band is the one that will promote the study of technical solutions to mitigate the problem of interference in the 3.6 to 3.7 MHz band. The controversy relates to the amount of compensation to be paid to the satellite operators. The calculation must check the number of stations receiving the satellite signals.

There is no national registry with this information. In sum, Anatel needed to expand the frequency range to ensure the provision of personal mobile services (5G), so it decided to use the frequency range of 3.625 MHz to 3.700 MHz. Theoretically, Anatel can order the allocation of frequencies based on public interest. However, any relocation costs must be fully reimbursed tothe companies affected by the frequency band change.

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Ericson Scorsim. Lawyer and Consultant in Regulatory Communications Law. Ph.D. in Law from the University of São Paulo (USP).

Anatel is debating a new Frequency Allocation and Destination Plan, based on the decisions of the 2019 World Radiocommunication Conference held by the International Telecommunications Union.

There is a dispute over frequency occupation between satellite operators and other telecommunications service providers, the so-called limited private services. As an illustration, the company INMARSAT is questioning the change in the L-band frequency range (frequency blocks of 1492-1560 — MHz) for mobile satellite services (MSS).  The aeronautical and maritime sectors use these mobile satellite services.  These are essential services for civil aviation security and maritime transport services. Thus, INMARSAT has questioned Anatel’s lack of criteria regarding frequency allocation in its manifestation in the public consultation on the frequency allocation plan.

According to the company, the International Maritime Organization (IMO) and the International Civil Aviation Organization (ICAO) need mobile satellite services. According to Anatel’s act, the part of the frequency band called L may suffer restrictions for purposes of collective interest land services. Thus, INMARSAT has requested for Anatel to clarify the restrictions applicable to the private limited satellite service. It also noted that mobile satellite services have applications on land, as there are users such as oil and gas platforms, shipping companies, and Internet of Things companies that depend on such services. Therefore, the company requests that Anatel’s technical provisions relating to limited private services do not harm mobile satellite service systems.

Theoretically, Anatel can reallocate the frequency range based on public interest. There is no absolute right of permanence in the same frequency range. However, Anatel must guide its decision according to international standards defined by the International Telecommunications Union, which has the prerogative of harmonizing the allocation of frequencies on a global scale.

In any case, any costs in the reallocation of frequencies resulting from changes by the regulatory agency must be fully reimbursed to the companies eventually harmed by the new spectrum allocation public policy.

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Ericson Scorsim. Lawyer and Consultant in Communication Law, with a focus on Technologies, Media, and Telecommunications.  Ph.D. in Law from the University of São Paulo (USP).

The Santos Port Authority has published a public call for donations of studies on the Internet of things.

The objective is to incorporate IoT technologies in the Port’s activities. The goal is to insert IoT in logistics processes, such as container control, monitoring, and control of time and access to equipment, and real-time data analysis using artificial intelligence. The idea is to install a public or shared IoT network between the Port management and the port terminal logistics operators.

The objectives are to seek efficiency, security, speed, precision, connectivity, and cost reduction, favoring business intelligence.  According to the public notice’s term of reference, the logistics operators are interested in adopting IoT sensors to monitor and control air humidity, elevators, temperature, proximity, speed, presence and monitoring of vacancies, environmental and gas leakage, fire, and rain detectors, equipment control, identification systems, movement detectors, and energy meters.  The Port Authority intends to develop partnerships with the private sector to promote innovation.

Thus, the public notice intends to obtain a study for the deployment of a LoRa (long-range) wireless network to allow for the use of IoT in the Port of Santos.  It is understood that this radio frequency technology can become efficient, precise, and safe for port activities. According to the notice, the study should cover: “market studies focusing on the demand for these services by Port users and related businesses in the regions covered by the LoRa network; engineering and related studies to determine the need for areas and infrastructure that need to be provided by the Port Authority for the installation of the LoRa network; identification of potential parties interested in installing a LoRa network in the region of the Organized Port Polygon; studies to determine the most appropriate legal framework to allow the operation of IoT services by third parties within the area of the Organized Port Polygon.

Furthermore, the study may also provide technical and regulatory alternatives to improve the efficiency in using IoT technology in the Port, focusing on economic and legal security in the partnership with the Public Administration. The public call is open to Brazilian and foreign individuals and businesses, individually or working in a consortium. The studies must be donated to the Santos Port Authority through the assignment of intellectual property rights.

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Ericson Scorsim. Lawyer and Consultant in Communication Law, with a focus on Technologies, Media, and Telecommunications. Ph.D. in Law from the University of São Paulo (USP). Author of the book “Jogo geopolítico das comunicações 5G – Estados Unidos, China e impacto sobre o Brasil” (The Geopolitical Game of 5G Communications – United States, China, and Impact on Brazil), published on Amazon.

The U.S. Department of Justice has approved new standards for the National Security Agency regarding the collection of intelligence signals (SIGINT), called DoD Manual S-5240.01-A. Intelligence signals are any kind of information of interest to the national security of the United States, such as phone calls, e-mails, data, videos, audios, content on social networks, telegrams, radio frequency communications, credit card data, financial data, radar information, among other information.

The act is based on Executive Order n. 12.333, passed by the Reagan administration. The National Security Agency of the United States is subordinated to the Department of Defense, which contributes to military operations in addition to the intelligence services. Basically, intelligence signal collection refers to obtaining information, data, and communications abroad and from foreigners. Thus, the National Security Agency can target foreign governments, agents, and companies.

The collection of intelligence signals can occur through the interception of radio communication channels, e-mails, satellites, submarine cables, among other techniques. U.S. citizens can only be the target of intelligence signal collection measures exceptionally. The fact is that the NSA has the ability to intercept communications anywhere in the world. The agency can also hack into computer networks anywhere in the world. Moreover, this government agency has the power to intercept cellular phone networks as well as wireless communications. Thus, any cell phone, anywhere on the globe, can be targeted by the NSA, in principle.

The collection of foreign communications serves to access the intelligence and counterintelligence services of other countries. This allows NSA to retain the metadata of communications such as telephone numbers, identification of the source and recipient of calls, e-mail addresses, identification of senders and recipients of messages.

The government act authorizes foreigners’ electronic surveillance, even if they are located outside the United States. The techniques for collecting intelligence signals based on computer monitoring are secret. A detailed study by David Kris called “The NSA’s New SIGINT” was published on the Lawfare website on January 13, 2021. We also recommend reading another historical study of the relations between NSA and telecommunication companies and technology providers: Susan Landau: Under the radar: NSA’s efforts to secure private-sector telecommunications infrastructure, published in the Journal of National Security Law & Policy, vol. 7, pages 411-442. The author presents the historical debates regarding cryptography.

As you can see, the U.S. government’s act intends to have extraterritorial effects, extending its jurisdiction to reach other countries. In 2013, Brazil had its communications intercepted by the National Security Agency. Among the targets were the Presidency of the Republic, Ministries, Embassies, and Petrobras. Ultimately, it is up to Brazil and Brazilian companies to assess this new measure’s geopolitical impact regarding NSA’s actions concerning the protection of its sovereignty. Also, companies with international operations should measure possible geopolitical risks in the face of this new U.S. government regulation. In short, this NSA action may pose a threat to the privacy and confidentiality of communications. Therefore, there must be a debate by national parliaments and appropriate international bodies regarding the limits to the U.S. government on access, collection, interception, retention of personal and non-personal data located in other countries under the pretext of obtaining intelligence signals. 

Thus, international law must evolve to contain government abuses in the interception of communications under the pretext of national security.

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Ericson Scorsim. Lawyer and Consultant in Communication Law, with a focus on Technologies, Media, and Telecommunications.  Ph.D. in Law from the University of São Paulo (USP). Author of the Communications Law Ebook Collection.  Author of the book “Jogo geopolítico das comunicações 5G – Estados Unidos, China e impacto sobre o Brasil” (The Geopolitical Game of 5G Communications – United States, China, and Impact on Brazil), published on Amazon.

Anatel has released its regulatory agenda for 2021-2022. Among the topics related to the provision of telecommunications services is the bid notice for radio spectrum telecommunications services over fifth-generation networks and the bid notice for a Brazilian satellite’s exploitation rights.

Another aspect refers to the reassessment of the continuity of the switched fixed telephony service, including reversible assets. Also, there will be reassessment regulations related to public emergency services and telecommunications networks’ security. On the other hand, there is the intention of passing a new regulation of consumer rights in telecommunications services.

As for the matter of regulatory inspections, the Agency is seeking a more “responsive” inspection model. There will also be a review of the regulation on the conclusion and monitoring of consent decrees. Also on the agenda is regulating the sharing of poles between electricity distributors and telecommunications service providers. Another item is a reassessment of the relevant market regulations (PGMC – General Plan of Competition Goals).

We highlight the reassessment of rates and contributions applicable to the telecommunications sector. Another topic is the regulation on the so-called TV White Spaces related to the VHF and UHF band to use the idle band of sound and image broadcasting services. Another regulatory point is updating the Frequency Ranges Assignment, Destination, and Distribution Plan according to the results of the World Radiocommunication Conference (PDFF 2019). In this same sense, there is also the intention to review radio frequency regulations related to fixed switched telephone services, multimedia communication services, and personal mobile services.  Another aspect is the new regulation of the satellite sector. The Agency is also aiming to review the regulation on the use of the radio spectrum (“RUE”). On the other hand, there will be a reassessment of radio signal blocking regulations. There will also be measures to streamline regulations and related to transparency.

In sum, these issues on Anatel’s agenda are essential to the future of telecommunications in Brazil, with impacts on several other economic sectors.

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Ericson Scorsim. Lawyer and Consultant in Communication Law. Ph.D. in Law from the University of São Paulo (USP). Author of the Communications Law Collection.  Author of the book “Jogo geopolítico das comunicações 5G – Estados Unidos, China e impacto sobre o Brasil” (The Geopolitical Game of 5G Communications – United States, China, and Impact on Brazil), published on Amazon.  

The United States has passed a law with security requirements for the Internet of Things.

The law is called the Internet of Things Cybersecurity Improvement Act of 2020. The agencies responsible for managing the Internet of Things must follow these security parameters. 

Basically, the Internet of things is a network of machine-to-machine communications, integrated by electronic, optical, and acoustic sensors, among others. The National Institute of Standards and Technology (“NIST”) must approve the Internet of Things guidelines to be followed by federal agencies. Among the security requirements are identifying and managing IoT devices’ vulnerabilities, secure product development, device identity management; patching; and configuration management.

The federal agency responsible for infrastructure cybersecurity must update its standards. Information about vulnerabilities in information systems, including IoT devices, must be disclosed. The law also references rules to be followed when procuring technology related to the Internet of Things. The U.S. Comptroller General must briefly brief Congress on IoT-related practices, networks, equipment, and information systems. On this topic, we highlight the business alliance called Global Standard for IoT Security (IoTX), with members such as Facebook, Amazon, Google, T-Mobile, Comcast, and Zigbee, among others.

There are countless applications of the Internet of Things: precision agriculture, energy, medicine, industry, among others. On this note, there is a reference to the Internet of Things in the 2021 National Defense Authorization Act refers to the Internet of Things. Thus, the law provides for creating a workgroup on the Internet of Things, with the participation of the National Institute Standards and Technology, the Department of Commerce, National Oceanic and Atmospheric Administration, Department of Transportation, Department of Homeland Security, Department of Energy, among others. The workgroup will identify regulations on the Internet of Things, verifying potential benefits for intelligent traffic, logistics and supply chains, sustainable infrastructure, precision farming, environmental monitoring, public safety, and health. The National Telecommunications and Information Administration will assess the wireless services and radiofrequency spectrum demands.

The law also contemplates actions to support small and medium enterprises in IoT businesses.  IoT and 5G networks increase the risks of cyberattacks. Hence the need to clearly and precisely define cybersecurity standards to be adopted by companies and the regulatory agencies responsible for monitoring their application.

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Ericson Scorsim. Lawyer and Consultant in Communication Law. Ph.D. in Law from the University of São Paulo (USP). Author of the Communications Law Collection.

Brazil is a user of the United States GPS (Global Positioning Satellite) technology. It is a technology for the positioning, navigation, and geolocation of people, objects, vehicles, and places. Military agencies developed this technology. And it is currently under the control of the United States Air Force.

It is considered a dual-use technology, that is, with military and civilian application. Thus, the military authorities have allowed its use by civilians. The geolocation system is based on satellite telecommunications infrastructure distributed around the globe. Currently, there is a constellation of 33 (thirty-three) satellites scattered around the globe that guarantee GPS operation. There is a GPS antenna on Ascension Island, located in the Atlantic, that can collect intelligence signals in the region.

On the military side, GPS is fundamental in command and control systems, intelligence, reconnaissance, tracking and surveillance, intelligent weapon positioning, and target location accuracy. On the subject, Graham Allison explains: “Satellites provide a crucial link in almost any U.S. military venture, from alerts on enemy ballistic missile launches to image production and weather forecasts, and operations planning. Global Positioning Satellites are responsible for the accuracy of almost all guided weapons and allow ships, planes, and ground units to know where they are on the battlefield. The United States depends on this technology more than any of its competitors. Without it, the commander-in-chief cannot transmit their orders to the platoons on land, the ships at sea, and everything in between. Anti-satellite weapons range from ‘kinetic’ weapons that physically destroy the target, entangling the orbit with debris, to more discreet systems that use lasers to block satellite signals or ‘overshadow’ them and leave them inoperative”.[1]

It should be noted that GPS has numerous civil applications in the economy: transport (vehicle and cargo tracking), commerce (consumer geolocation for commercial advertising purposes), financial system (controlling user id and digital payments), air navigation, maritime transport (ship navigation, cargo, and fleet tracking), precision agriculture (using GPS-guided drones), geosensing, space, meteorology, railways, mapping, environmental services, public safety, among others.  For example, agricultural machinery has GPS. Without connectivity, however, this agricultural equipment cannot connect to the Internet network. It is possible to make estimates about the agricultural crop through GPS and satellite and, thus, influence commodities’ international prices. As an example, the Brazilian Agricultural Agency (Embrapa) uses earth observation images provided by NASA. The agricultural activity is intertwined with the rural credit system, mediated by technology.

In 2020, the Central Bank of Brazil issued Resolution n. 4796, of 04/02/2020, which deals with procedures for reporting agricultural crop losses and applying for insurance coverage under the Proagro program. It states that in the event of the impossibility of an on-site technical visit, losses may be proven remotely. Thus, the Brazilian Central Bank recognizes the possibility of using “satellite images or other remote sensing tools,” as well as database consultation by systems such as Sisdagro (system to support decisions in agriculture and livestock) of the National Institute of Meteorology (INMET) and the Embrapa’s Temporal Vegetation Analysis System (SAT). 

In short, aerospace technologies have a significant impact on Brazilian agriculture. That’s why care must be taken when it comes to protecting Brazil’s agricultural data.   The European Union is adopting rules for agricultural data protection to avoid unfair competition for its farmers. Another application of GPS is the use of technology in planning the opening of retail stores. The number of people circulating in a given geographical area of a city is measured to verify the region’s economic potential.

The GPS is fully compatible with mobile telecommunications infrastructures by mobile phones. The U.S. Air Force has projects to advance the efficiency of the GPS system and mobile-cellular networks. Thus, any mobile phone on the globe may be located by GPS. In this aspect, GPS technology is truly relevant to collecting intelligence signals by the U.S. government. Frequently, in conflict areas, the GPS signal is interfered with by denial of access to services.  These are the systems of countries allied to the US GPS: the European Union’s Galileo system, Japan’s GZSS, India’s Navic. In 2018, the FCC authorized the provision of Galileo services in the United States. The United Kingdom is studying the creation of its own satellite navigation system. Systems not aligned with the United States: Russia’s GLONASS and China’s Beidou. Brazil does not have its own satellite positioning system. Thus, it is a mere user of the United States GPS system. Therefore, there are geopolitical risks for Brazil in the adoption of US GPS technology. Simply put, the risk is that the United States may, for various reasons, decide to deny access to the GPS system at some point. Plus, there are risks of economic and military espionage by the GPS system. Also, Brazil will depend on access to the US GPS technology for its military operations. For Brazil to have full technological sovereignty, it must adopt its own satellite geopositioning system. Otherwise, technological dependence will mean restrictions to international competitiveness and even risks to national defense.

Hence, Brazil needs new geostrategy regarding satellite positioning and navigation technology, intending to build its own domestic system. The Brazilian nation will be grateful! 

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[1] Allison, Graham. A caminho da guerra. Os Estados Unidos e a China conseguirão escapar da Armadilhas de Tucídides? Rio de Janeiro: Intrínseca, 2020.
Original: Destined for War: Can America and China Escape Thucydides’s Trap?

Ericson Scorsim. Lawyer and Consultant in Communication Law. Ph.D. in Law from the University of São Paulo (USP). Author of the Communications Law Collection

            The United States Department of Defense created the Global Positioning System (GPS). Its primary purpose is to ensure geolocation information of people, objects, and vehicles, among others. To this day, it’s under the supervision of the US Department of Defense and Air Force.  However, the technology is also authorized for civilian use.[1] Despite the civilian and military benefits of GPS, it is one of the technologies symbolizing the era of electronic surveillance by governments and companies. It is one of the most invasive, as it provides real-time information on the location of people.  Thus, the master technology in real-time data collection by telecommunication networks is a technology considered dual-use, civil and military. We highlight that GPS has numerous applications in the economy: transport (vehicle and cargo tracking), commerce (consumer geolocation for commercial advertising purposes), air navigation, maritime transport (ship navigation), precision agriculture, geosensoring, space, railways, mapping, environmental services, public safety, among others.  For example, agricultural machinery has a GPS system. Without connectivity, however, this agricultural equipment cannot connect to the Internet network.  The GPS system is fully compatible with mobile telecommunications infrastructures by mobile phones. The US Air Force has projects to advance the efficiency of GPS and mobile-cellular networks. Thus, any mobile phone on the globe may be located by GPS. In this aspect, GPS technology is very relevant in intelligence signals collection by the US government. It serves as a tool in military operations in times of war.

            The geolocation system is based on satellite telecommunications infrastructure distributed around the globe. There is currently a constellation of 33 (thirty-three) satellites scattered around the globe that guarantee GPS operation. There is a GPS antenna on Ascension Island, located in the Atlantic, that can collect intelligence signals in the region. 

            There are several bills on GPS. One of them is the Geolocational Privacy and Surveillance Act – GPS Act.[2] There are rules on interception and dissemination of geolocation information. Also, the bill prohibits the use of geolocation information as evidence. Moreover, it provides for accountability in case of civil damage by interception, disclosure, or violation of geolocation information. Also, there is a rule on fraud to obtain geolocation information.

            But what is the reason for this bill? The US investigating authorities often use technology to obtain information on crime suspects’ geolocation movements, sometimes even without a court order allowing that. There was a case taken to the Courts regarding the deployment of a GPS vehicle tracking system to monitor a crime suspect’s movements. There have been abuses in the use of GPS that have motivated civil rights entities to seek the setting of legal limits, to protect the privacy and security of US citizens.[3]

            In another case, the law enforcement authorities adopted software that simulates the signal from cell phone towers to intercept communications without a court order, which led to the case’s judicialization.[4]

            The bill referenced above deals with the limits on deploying satellite signal reception stations in United States territory by foreign governments. The purpose of the rule is to control access to GPS technology by governments from other countries.

            On the other hand, the Fiscal Year 2019 bill provides that funds related to the transport sector cannot be used to finance GPS tracking of passengers in motor vehicles. Thus, the measure seeks to establish parameters for the privacy of US citizens.

            The US National Defense Authorization Act for fiscal year 2020 proposes creating a prototype global satellite navigation program capable of receiving signals to expand the resilience capacity of military positions. These are the systems of countries allied to the US GPS: the European Union’s Galileo system, Japan’s GZSS, India’s Navic. The United Kingdom is studying the creation of its own satellite navigation system. Systems not aligned with the United States: Russia’s GLONASS and China’s Beidou.

            Brazil does not have its own satellite positioning system. Thus, it is a mere user of the United States GPS. Therefore, there are geopolitical risks for Brazil in the adoption of US GPS technology.  Note that the United States has the Foreign Intelligence Surveillance Act that allows the interception of foreign communications.  In this aspect, to protect Brazil’s national defense of and the confidentiality of Brazilian mobile telecommunications networks’ communications, the Brazilian authorities must act more effectively to protect Brazilians’ communications against the risk of interception by foreign authorities.

            A report from Homeland Security to the United States Congress explains that the loss of the GPS signal implies serious damage to the US economy. Thirty days without a GPS signal could cost the US economy $1 billion a day.[5]

With 5G and IoT technology, there are increased risks of GPS monitoring invading individuals’ and companies’ privacy and cyber-attacks on mobile telecommunication networks. Therefore, legislators must act to protect personal and non-personal data.

            GPS technology undoubtedly holds numerous economic utilities. There is valuable information in mobile telecommunications networks. However, this technology deals with personal data related to the geolocation of people. It is the symbol technology of business and state and electronic hypervigilance, including real-time data collection.  There are also risks of cyber attacks on mobile telecommunications networks. Therefore, the protection of privacy and confidentiality of communications and personal data security related to geolocation is a significant factor to be considered by Brazilian legislators and Anatel, the agency responsible for the telecommunications sector.               

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[1] www.gps.gov

[2] The Geolocation Bill reads:  “geolocation information” means with respect to a person, any information that is not the content of a communication, concerning the location of a wireless communication device or tracking device (as defined in section 3177) that, in whole or in part, is generated by or derived from the operation of that device and that could be used to  determine or infer information regarding the location of the person”.

[3]On this topic, see: Farivar, Cyrus. Habeas Data. Privacy the rise of surveillance tech. New York: Melville Publishing, 2018.

[4] Habeas data, privacy the rise of surveillance tech, work cited, p. 174.

[5] Homeland Security. Report on Positioning, Navigation, and Timing (PNT) Backup and Complementary Capabilities to the Global Positioning System (GPS). National Defense Authorization Act Fiscal Year 2017 Report to Congress: PNT Requirements, and Analysis of Alternatives, April, 8, 2020.