Legal Question in Technology Law in Nigeria

PREMISE:
A European company(company A) offers an online/cloud storage service which allows you download, store and encrypt files from the internet into your online storage account(not your computer);
A Nigerian company(company B, acting as an independent affiliate) due to the high cost of internet data in Nigeria offers the service of downloading your encrypted files for you, which can be collected by you at your convenience or shipped on a portable media to your location.
QUESTION:
1.in the event of a Nigerian court order/subpoena/law officer instructing company B to decrypt the files, which they cant since only company A and the customer know it, what actions can company B take
2.what actions can company B take if the court still insists that we must decrypt the files, even after we have informed them that the European company will not release decryption keys except they receive a court order from a European court.

Asked on 5/07/14, 7:15 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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07.05.2014

Dear Sir / Madam,

The Internet is an internationally free access medium. Anybody can upload or download data encrypted or unencrypted codes or files on the Net. The Court not being technically competent has virtually no say whatsoever in such matters.

Regards,

Answered on 5/07/14, 10:04 am

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Chukwuyere Izuogu

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The appropriate response would depend on the reason for the court order/request to decrypt the file. However, I do not see how it is possible to comply with this request, as company B does not have access to the encryption keys, and more importantly, �the law does not compel the impossible�. Also, if company B is licensed by the Nigerian Communications Commission (NCC) to provide some sort of internet related services, there is an exemption from liability for illegal content uploaded/stored by 3rd party under NCC regulations. I should be able to properly advise on this if the exact content of the court order were known.

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Answered on 5/09/14, 5:09 am

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