January 2001

Morocco Master Report

2.1 Historical overview and general legislation

Historically, the major bulk of development activity has been done by Maroc Telecom (IAM), a public establishment with commercial and industrial missions. The appearance of other industrial and marketing concerns in the telecommunications sector is a direct result of the current drive towards privatisation and the opening of the Moroccan market to foreign competition.

Increasing pressure and demand will reinforce the private operators’ role in the fields of subcontracting and marketing : telecommunication and added value services, cellular mobile services, data transmission, wide band networks, videotext and RNIS.

2.2 Umbrella Policies and national IS strategy

The three major axes for the information society in Morocco are:

• Promotion of major projects (administrative)
• Infrastructures (telephone density, digitalization, satellites)
• Human resources (initial and continuing education)

The state ministry for Postal Services and Information Technology’s (SEPTI) strategy has been a sector-based development plan whose objectives are as follows :

• The setting up of administration on line
• Emergence of a new economy based on know how and innovation
• Training and valorisation of human resources
• Improvement of quality of life for Moroccan citizens.

2.3 IS Application Areas (general overview)

During a major speech in March 1997, the former king Hassan II declared that the time was at hand for the reform of the telecommunications sector. This had the main effect of

• Dividing the postal and telecommunication activities
• Dividing regulatory functions and production
• Opening the market to competition

This process resulted in the creation of :

• A National Telecommunication Regulatory Authority responsible for the preparation of regulatory acts relating to the telecommunication sector.
• Barid Al Maghrib, classical public establishment responsible for managing the postal services
• Maroc Telecom (IAM), the traditional telecoms operator.

2.4 Government and administration (national, regional, local)

At the governmental level the principle applications are the following:

• Use of EDI at the port of Casablanca
• Integrated management projects ( Human Resources, Management and Heritage)
• Administration on line : this project aims at facilitating access to administrative information for the Moroccan citizen and also sets up an inter administration network.
• An integrated Information System of land conservation in order to centralise computerised data related to real estate ownership ( cadastre, ground plans, land titles, mortgage)
• An integrated Information System for the Ministry of the Environment .
• The creation of an Observatory for Information Technology in the industrial and commercial sector

2.5 Telecommunications and Internet

The legal framework as defined by law no 24-96, outlines the following objectives :

• to grant the telecommunication sector an efficient and transparent regulatory framework which favours legal competition to help the users of telecommunication networks and services.
• to continue development of these networks and services favouring initiatives tending to adapt to technological evolution and scientific progress
• to supply a public service throughout the Kingdom and to all categories of population all of which being in the framework of the economic and social development plan.
• to provide the national economy the means of communication based on constantly developing technology in order to increase its opening and integration in world economy ;
• to boost the postal sector through the introduction of competition in accelerated international mail
• to help the creation of jobs directly or indirectly linked to the sector.

The deliverance of a second GSM licence to the group Medi Telecom has provoked a revolution within the traditional operator Maroc Telecom. The latter firm has since strived to establish existing customer loyalty and to develop the market.

In addition, Maroc Telecom in collaboration with a pool of national and international advisory banks is in the middle of a privatisation process that has recently brought of a foreign partner (Vivendi) into its capital. This liberalisation in line with the liberalisation of telecommunication policy inspired by His Majesty Mohamed VI who considers information technology as an essential key in the Morocco’s economic and social development.

2.6 Electronic Commerce

Electronic commerce has not yet a statutory framework in Morocco. However, Morocco recognises the recommendations concerning electronic commerce voted by the CNUDCI.

New propositions for the expansion of e-commerce in Morocco have been presented by the group "Projet pilote et promotion du commerce éléctronique" (Pilot project and promotion of electronic commerce), a group created in February 2000 and composed of representatives from the public and private sectors. The commission’s preoccupations are the :

• development of the infrastructure of the Internet and the rate of computer equipment

• training of the workforce

• communication

• building public confidence in electronic commerce solutions

Three conventions meant to promote e-commerce in Morocco were signed in November 22th, 2000 between the government, cooperatives and private operators (Maroc Telecommerce, Taklidi-e et Agro-marché Maroc) following a public tender last May. The The move, which is part of the promotion and development of e-commerce in Morocco, aims to back enterprises, especially small and medium enterprises, encourage them to benefit from the advantages of the new information technologies and promote their productiveness to be able to face up international competitiveness. Under the tripartite partnership between the government, the cooperatives and the private sector, the government commits to organize training sessions for cooperatives cadres, enhance the performance of cooperatives wishing to engage in e-commerce and devise an institutional communication strategy.

2.7 Education and research

The Moroccan Ministry of Education announced the ministry's "Plan 2008: one classroom, one multimedia-Internet computer" in the Fall of 1999. The Ministry and Microsoft signed on April 31rst, 2000 a partnership agreement providing for the introduction of information and communication technologies in schools and vocational training institutes. Microsoft will help equip Moroccan educational institutions with multimedia computers to support the education ministry's project. By August 2000, the ministry had invested over $6,000 for 600 schools.

Morocco and the United States Agency for International Development (USAID) concluded a partnership accord for the use of information technologies in education on March 1rst, 2000. The agreement provides for a two-year project aimed at enhancing teachers' skills through introducing appropriate information technology. The US agency will contribute $ 800,000 to the project, aimed at preparing the Moroccan children to the future challenges.

The first virtual university Euro-Mediterranean on the web , "Méditéranéenne Thetys", has been created this Fall in collaboration with the European Union. Its aim is to promote learning in fields that are considered particularly important in the Mediterranean area such as Health, Environment, High Technologies, Economics, Economics and Law .The five Moroccan universities that have joined the project are the universities of Cadi Ayad, Chouaib Doukkali, Mohamed 5th and Mohamed 1st.

The Al-Akhawayn University of Ifrane signed a partnership accord with Lotus (IBM) on October 4^th, 2000. The accord, which aims to develop new information technologies in Morocco, provides for the establishment of exchange ties between Lotus and the University in matters of training and research as well as in holding scientific and technical meetings. The accord also stipulates the holding of on-line courses using Lotus technology. The University will set up a Learning Space server within its intranet with a view to creating distance courses, especially for the teaching of Arabic to students from partner universities in the United States.

The network Marwan (Wide Area Network), which had been initiated in 1997 and the aim of which was to federate the infrastructure of no less than 600 schools and to connect them to search engines such as the British engine JANET, the French RENATOR, the Canadian RISQ or the Swiss SWITCH. In its present configuration, 631 institutions can potentially join the network by RTC or MARNKIS connections with a 2 Mbps bandwidth. . At present thirty two establishments, based in Casablanca and Rabat, participate in the project

2.8 Transport

Two projects are currently being prepared: One concerns the creation of a didactical CD ROM for the driving code and the other is aimed at implementing a new system for managing automobile registration.

2.9 Health care

According to the Office of the Secretary of Technology and Information (the SEPTI), the impact of information technology on health care has not yet been addressed by the government.

2.10 Labour

According to the SEPTI, the impact of information technology on labor legislation has not yet been addressed by the government.

2.11 Competition

According to the SEPTI, the impact of information technology on competition has not yet been addressed by the government, other than the creation of the OMPI (see below).

2.12 Access for all

Universal service is defined as the availability to all of a minimum service consisting in a specified quality telephone service at a reasonable price, a guarantee that emergency calls will be put through without charge, a directory system and phone boxes throughout the country; all with respect for the principles of equality, continuity and universality.

The proposed finance law for 2001 includes a provision to tax the telecom operators 4 percent of their turnover and to use these funds to promote the use of information technology among the population as a whole.

2.13 Copyright, intellectual property rights

Conventions to enhance the fight against cyber-piracy were signed September 25th, 2000 by BSA (’’Business Software Alliance’’) and the Moroccan Copyright Bureau in a ceremony chaired by Minister of Culture and Communication. Under the agreements, BSA will help Morocco get new technologies used in protecting literary and artistic copyright. The two sides also agreed to coordinate efforts geared to combating all forms of law breaches and piracy by conducting joint investigation operations on cases of illegal reproduction, counterfeiting and piracy. Ali KHASAWNEH, vice-president of the BSA for North-Africa and the Middle-East said hacking has been downsized thanks to landmark decisions by Moroccan courts stringent deterrent measures enforced.

The concerning intellectual property became law on November 18^th, 2000. The third article of the text specifies explicitly that " the present law applies to intellectual property… such as computer programmes." The law outlines possible sanctions against breach of copyright and piracy. The Minister of Communication, the Minister of Commerce and Industry, along with the Office of the Secretary of Technology and Information are organising an educational campaign about industrial property.

2.14 Privacy, data protection, consumer protection

Legal recognition of data messages, including electronic signatures, was discussed during a SEPTI work meeting in November 2000. The project of law was based on the following principles:

• legal equivalence between the data message and its written form as well as between electronic and handwritten signatures, messaged and written data, written proof and data messages and between the written and electronic archive.

• principle of technological neutrality in what concerns the security process for data.

• principle of autonomy for all parties in the interest of privileging contractual standards and regulating consumer and intellectual property protection.

2.15 Security

This SEPTI project institutes the certified electronic signature as being equivalent to the notarized signature. This signature must meet a certain number of criteria and produce the following legal effects:

• Legal strength of certified electronic signatures

• Signature presumption

• Signature certification

The project of law also implements a flexible regime for the activities of those in charge of the certification. These activities must be declared and human, technical and financial means must be put into place for the operation.

The chapter on encryption puts an emphasis on the various applications of this technology that are intended for the protection of confidential data, the commercialization of its uses and user obligations.

2.16 Freedom of expression and information as far as the distribution via electronic networks is concerned

Finally, this project requires all projects creating nominative databases to be declared and to respect a certain number of rules concerning personal information (access rights for a possible rectification, right to refusal).

2.17 Others

The Moroccan government is currently drafting legislation to regulate access to adult material in cyber-cafés. The draft bill regulates license delivery and sanctions for cyber-clubs, opening hours and age limits.