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CLFR - Jordan | Global Network Initiative
dence. There is, however, no specific law setting out the procedure for any application to the General
Prosecutor.
TELECOMMUNICATIONS LAW (NO. 13) OF 1995 AS AMENDED (THE “TELECOMMUNICATIONS LAW”)
Under article 12 of the Telecommunications Law, an operator of a public telecommunications network or a
provider of public telecommunications services (“Network Operator“) must obtain a licence from the
Telecommunications Regulatory Commission (the “Commission“) in order to operate such a network or provide such services (and also to use any radio spectrum frequency required for such operation or use).
Before the licence is granted, a Network Operator must enter into a standard-form licence agreement with
the Commission. Article 29 (g) states that this licence agreement must oblige the licensee to offer the necessary facilities to competent parties to implement judicial orders related to the tracing of telecommunications
specified in those orders.
Pursuant to article 29(g) of the Telecommunications Law, the standard form licence agreement made available
by the Commission contains an obligation on the Network Operator to make its telecommunications facilities
reasonably capable and available for competent authorities to implement judicial orders in respect of judicial
and national security requirements. Therefore, the facilities for intercepting communications must be in place
to allow a law enforcement agency to make the interception if a judicial order permitting it is made by a General Prosecutor.
DISCLOSURE OF COMMUNICATIONS DATA
Although communications data is not explicitly referred to, it is generally accepted in Jordan that the procedure described in paragraphs 1.1 to 1.3 above also allows for a General Prosecutor to make a judicial order for
the disclosure of metadata relating to customers’ communications by the operator of a telecommunications
network or provider of a public telecommunications service in Jordan.
EMERGENCY POWERS AND NATIONAL SECURITY
As stated in paragraph 1.1, the General Prosecutor has the power to investigate matters which relate to national security. Therefore, the procedures set out in paragraphs 1.1 and 1.2 above are also relevant in relation
to national security.
CENSORSHIP RELATED POWERS
POWER TO SHUT DOWN NETWORKS
TELECOMMUNICATIONS LAW (NO. 13) OF 1995 AS AMENDED (THE “TELECOMMUNICATIONS LAW”)
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