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Special Topic of Telecommunication Network



Chapter 3

Legal and Technical Standards
for Lawful Intercepts

                                Aris Cahyadi Risdianto
                                             23210016
Introduction

The basic functions of lawful intercepts (LIs)

accessing data, processing data, converting data into information,
delivering information to handover interfaces (HIs) with law
enforcement agencies (LEAs), and securing all communications.

Lawful Intercepts ( LIs) is different at geographical areas

Responsibilities of service providers and LEAs
Technical and legal prerequisites very different in different contexts
Legal basis for LIs is a very different issue
Principal Group of LIs Issues
Three principal groups of issues to be address

1) Legal background of surveillance

2) Duties of telecommunications service providers (TSPs) (along
with access providers, network operators, licensed operators,
communications service providers, electronic communications
service providers, and telecommunications carriers)

3) Controls and sanctions for noncompliance

LIs powerful standards

North American (J-STD-025) standards
European (ETSI) standards
Legal Background of Surveillance

Basics of Intercept Laws
 US                FCC established CALEA
 France            French law forms the basis for intercept regulations
 UK                The Regulation of Investigatory Power Act (RIPA)
 Japan             •No laws or acts focusing on LIs
                   •Law "no censorship shall be maintained, or secrecy of any

                   means of communications be violated”

Legal Guidelines
US                 OCCSSA (wiretap), ECPA (microwave, fax, cordless, etc),
                   CALEA (conference call, call waiting, etc), U.S. Patriot Act
                   (wiretaps, pen register, etc)
France             criminal codes :Loi n0 91-636 du 10 juilliet 1991
                   Decret n0 93-119 du 28 janvier 1993
UK                 RIPA chapter 1 (IOCA), chapter 2
Japan              Telecommunication is privacy, no surveillance activity.
                   Related law : CCP for telecom in crime investigation
Legal Background of Surveillance
Services Subject to Surveillance
US              Oral surveillance : person-to-person communications
                Wire surveillance : electronic human voice communications
                including mobile and satelit communication.
                Electronic surveillance : includes all other electronic
                communications exceptf financial transactions.
France          All telecommunications services are subject to surveillance
UK              person based rather than based on an address or telephone
                number
Japan           voice telephony, facsimile, and e-mail

Objectives of Surveillance
 US             not permit general surveillance of communications
 France         During a trial, both prosecutors and defense can review the
                intercepted information
 UK             surveillance results can be used in trials
 Japan          to fight serious and organized crime (Yakuza mafia and the
                Aum sect)
Duties of TSPs and Operators
Cooperation with LEA
US             •Isolating content of targeted communication
               •Identifying origin and destination of targeted communication

               •Provide intercept communication and CII to LEA over line or

               facilities leased by LEA
               •Carry out intercepts not be aware by the target.


France         ●High rank LEA can assign interceptions tasks to any
               employee of france telecoms or other operator
               ●In case strategic surveillance, prime minister issues an

               request
UK             ●RIPA applies all TSP offerinf guidelines for data retention
               ●periodic meetings between government and TSPs to discuss

               the intelligence needs of LEAs
               ●TSPs may seek advice from Technical Advisory Board (TAB)

               for assistance of complicated technical requests
Japan          ●All TSPs must comply with LI legislation and guidelines
               ●Primary prerequisite is that warrants be issued by

               prosecutors or high-ranking police officers.
Duties of TSPs and Operators
Techincal Requirements
US             Summarized in the J-STD-025-A standard
               ●


France         ●State-of-the-art intercept technology to be used to intercept
               communication data and content
               ● All data is collected by the Groupe Interministeriel de

               Controle (GIC), which in turn relays data to LEAs
UK             ●Surveillance include all communication, intercepted data
               provided in real time to interface with LEA
               ●Data transfer support simultaneous content and intercept

               condition
               ●HI must support international standard (eg. ETSI)

               ●Data should be filtered, only relevant data forwarded

               ●Encrypted data should be decrypt

               ●TSP support surveillance for 0,1 percent of subscriber

               ●TSP use reliable intercept and surveillance equipment


Japan          ●LEA can provision devices for LI on case to case basis
               ●Email communication supervised via temporary mailbox

               which installed and supervised by LEA
               ●National Police Agency approach NTT DoCoMo to develop

               and install LI surveillance, but it can't be forced
Duties of TSPs and Operators
Organizational Requirements
US             ●TSP assign LI tasks to experience expert
               ●TSP must specify rules and process in writing

               ●TSP must log their LI action

               ●Protocols and survelannce log must be sign by expert

               ●Protocols and logs must be save for reasonale duration

               ●TSP expected to document and maintain material


France         ●High security clearance personel conduct surveillance
               ●Continuity terms of human resources

               ●Log and protocols must be maintained

               ●All privacy rules mut be follow


UK             ●All equipment delivered in one working day
               ●Surveillance equipment must be accessible for audit

               ●Surveillance requirement met without notification

               ●Surveillance mut have minimal performance impact


Japan          ●Physical present of experts on behalf of TSP for the duration
               of surveillance
               ●LEA including National Police Agency and Public Prosecutor's

               Office conduct workshop with TSP on the topic area of LI
Duties of TSPs and Operators
Exception
US             CALEA, no exception for TSP but may apply individual case
               ●


France         ●No exception for TSP,
               ●Doctors, lawyer, and pastor protected


UK             ● Exception for TSP under 100000 subscribers, and serve a
               close community (bank, insurance, financial community, etc)
               ●Special approval for Journalist, doctors, lawyer, and pastor


Japan          ●If surveillance technology and human resource are expensive
               ●Required new HW and SW

               ●Company is too small




Compliance Control
US             No Regulation to enforce, TSP self-certification procedure
               ●


France         No specific procedures on technical and organization
               ●


UK             ●Government may provide handbook guidelines on technical
               and organization, but not yet
Japan          ●Only existing network are used for LI, special procedures are
               not required
Control and Sanctions
Controlling Entities
US               ●Based Omnibus Crime Control Act, administrative Office of
                 the U.S. Courts is expected to prepare an annual report for
                 Congress, outlining surveillance statistics
France           ●National Committee for Lawful Intercepts (CNCIS) handle
                 LI data initiated by government.
                 ●CNCIS member : president, senate and national assembly


UK               ●Interception of Communications Commissioner (ICC) :
                 independent individual report to the PM,who decide
                 publication of report
                 ●Investigatory Powers Tribunal (IPT) : independent court

                 responsible for adjudicating complaints regarding LIs
                 ●secret services surveillance are regulated by the Institution

                 of Surveillance Commissioner (ISC).
Japan            ●Surveillance activities controlled by physical presence expert
                 TSP and executed by LEA member
                 ●Not crime-related data must be deleted
Control and Sanctions
Reporting Duties
US             ●Each judges must report each warrant for surveillance to the
               Administrative Office of the U.S. Courts
               ●Prosecutors report directly to the administrative office in

               regard to all requested warrants
France         ●LEA members must log all activities
               ●Warrants are maintained locally

               ●National statistics are not maintained


UK             ●    Involved parties mandatory to follow guidelines from ICC and
                   provide the necessary data for annual reports
Japan          ●   Members of LEAs must log all surveillance actions
Control and Sanctions
Sanctions for Non-compliance
US             ●If TSPs can't provide information, technical assistance to
               complete interception, they face criminal or civil liability or
               good faith reliance defense, and will the sanction are enforced
               on the basis of the Communication Act of 1934
France         ●no formal procedures for sanctions
               ●CNCIS issued critics for surveillance decisions, and violates

               act illegal wiretaps and other action
UK             ●Intentional noncompliance is rare, but sanctions are severe
               ●Today, no implementation of sanctions has been reported


Japan          ●Sanctions in terms of abuse of surveillance and surveillance
               instruments
               ● no known sanctions against TSPs who unable or choose not

               to cooperate with LEAs
CALEA Reference Model
CALEA Reference Model
CALEA Interfaces

1. Surveillance administration system (SAS): performs provisioning
   and receives alarms to CALEA interfaces
2. Call data channel (CDC): network connection reporting from the
   switch to the LEA
3. Call content channel (CCC): network connection delivering call
   content from the switch to the LEA

CALEA Principal Functions

1) Access functions (AFs) (include network elements such MSC,
   HLR,etc) who provide access to and replication of intercepted traffic.
2) Delivery function (DF) (include target and warrant information,
   interfaces, intercepted traffic) to CF
3) Collection function (CF) collect and records lawfully authorized
   intercepted communications and CII for LEAs
ETSI Reference Model
ETSI Reference Model
ETSI Reference Model

ETSI Principal Interfaces

1) HI1 : Interface for Administration Information
   Transports administrative information from or to the LEA and
   NWO/AP/SvP

2) HI2 : Interface for IRI
   Transmit information or data associated with the telecommunications
   services of the target identity apparent to the network.

3) HI3 : Interface for IRI
   transports the CC of the intercepted telecommunications service to
   the LEMF.
Conclusions

ETSI Principal Interfaces

1) HI1 : Interface for Administration Information
   Transports administrative information from or to the LEA and
   NWO/AP/SvP

2) HI2 : Interface for IRI
   Transmit information or data associated with the telecommunications
   services of the target identity apparent to the network.

3) HI3 : Interface for CC
   Transports the CC of the intercepted telecommunications service to
   the LEMF.
Thank you

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Legal and Technical Standards for Lawful Intercepts

  • 1. Special Topic of Telecommunication Network Chapter 3 Legal and Technical Standards for Lawful Intercepts Aris Cahyadi Risdianto 23210016
  • 2. Introduction The basic functions of lawful intercepts (LIs) accessing data, processing data, converting data into information, delivering information to handover interfaces (HIs) with law enforcement agencies (LEAs), and securing all communications. Lawful Intercepts ( LIs) is different at geographical areas Responsibilities of service providers and LEAs Technical and legal prerequisites very different in different contexts Legal basis for LIs is a very different issue
  • 3. Principal Group of LIs Issues Three principal groups of issues to be address 1) Legal background of surveillance 2) Duties of telecommunications service providers (TSPs) (along with access providers, network operators, licensed operators, communications service providers, electronic communications service providers, and telecommunications carriers) 3) Controls and sanctions for noncompliance LIs powerful standards North American (J-STD-025) standards European (ETSI) standards
  • 4. Legal Background of Surveillance Basics of Intercept Laws US FCC established CALEA France French law forms the basis for intercept regulations UK The Regulation of Investigatory Power Act (RIPA) Japan •No laws or acts focusing on LIs •Law "no censorship shall be maintained, or secrecy of any means of communications be violated” Legal Guidelines US OCCSSA (wiretap), ECPA (microwave, fax, cordless, etc), CALEA (conference call, call waiting, etc), U.S. Patriot Act (wiretaps, pen register, etc) France criminal codes :Loi n0 91-636 du 10 juilliet 1991 Decret n0 93-119 du 28 janvier 1993 UK RIPA chapter 1 (IOCA), chapter 2 Japan Telecommunication is privacy, no surveillance activity. Related law : CCP for telecom in crime investigation
  • 5. Legal Background of Surveillance Services Subject to Surveillance US Oral surveillance : person-to-person communications Wire surveillance : electronic human voice communications including mobile and satelit communication. Electronic surveillance : includes all other electronic communications exceptf financial transactions. France All telecommunications services are subject to surveillance UK person based rather than based on an address or telephone number Japan voice telephony, facsimile, and e-mail Objectives of Surveillance US not permit general surveillance of communications France During a trial, both prosecutors and defense can review the intercepted information UK surveillance results can be used in trials Japan to fight serious and organized crime (Yakuza mafia and the Aum sect)
  • 6. Duties of TSPs and Operators Cooperation with LEA US •Isolating content of targeted communication •Identifying origin and destination of targeted communication •Provide intercept communication and CII to LEA over line or facilities leased by LEA •Carry out intercepts not be aware by the target. France ●High rank LEA can assign interceptions tasks to any employee of france telecoms or other operator ●In case strategic surveillance, prime minister issues an request UK ●RIPA applies all TSP offerinf guidelines for data retention ●periodic meetings between government and TSPs to discuss the intelligence needs of LEAs ●TSPs may seek advice from Technical Advisory Board (TAB) for assistance of complicated technical requests Japan ●All TSPs must comply with LI legislation and guidelines ●Primary prerequisite is that warrants be issued by prosecutors or high-ranking police officers.
  • 7. Duties of TSPs and Operators Techincal Requirements US Summarized in the J-STD-025-A standard ● France ●State-of-the-art intercept technology to be used to intercept communication data and content ● All data is collected by the Groupe Interministeriel de Controle (GIC), which in turn relays data to LEAs UK ●Surveillance include all communication, intercepted data provided in real time to interface with LEA ●Data transfer support simultaneous content and intercept condition ●HI must support international standard (eg. ETSI) ●Data should be filtered, only relevant data forwarded ●Encrypted data should be decrypt ●TSP support surveillance for 0,1 percent of subscriber ●TSP use reliable intercept and surveillance equipment Japan ●LEA can provision devices for LI on case to case basis ●Email communication supervised via temporary mailbox which installed and supervised by LEA ●National Police Agency approach NTT DoCoMo to develop and install LI surveillance, but it can't be forced
  • 8. Duties of TSPs and Operators Organizational Requirements US ●TSP assign LI tasks to experience expert ●TSP must specify rules and process in writing ●TSP must log their LI action ●Protocols and survelannce log must be sign by expert ●Protocols and logs must be save for reasonale duration ●TSP expected to document and maintain material France ●High security clearance personel conduct surveillance ●Continuity terms of human resources ●Log and protocols must be maintained ●All privacy rules mut be follow UK ●All equipment delivered in one working day ●Surveillance equipment must be accessible for audit ●Surveillance requirement met without notification ●Surveillance mut have minimal performance impact Japan ●Physical present of experts on behalf of TSP for the duration of surveillance ●LEA including National Police Agency and Public Prosecutor's Office conduct workshop with TSP on the topic area of LI
  • 9. Duties of TSPs and Operators Exception US CALEA, no exception for TSP but may apply individual case ● France ●No exception for TSP, ●Doctors, lawyer, and pastor protected UK ● Exception for TSP under 100000 subscribers, and serve a close community (bank, insurance, financial community, etc) ●Special approval for Journalist, doctors, lawyer, and pastor Japan ●If surveillance technology and human resource are expensive ●Required new HW and SW ●Company is too small Compliance Control US No Regulation to enforce, TSP self-certification procedure ● France No specific procedures on technical and organization ● UK ●Government may provide handbook guidelines on technical and organization, but not yet Japan ●Only existing network are used for LI, special procedures are not required
  • 10. Control and Sanctions Controlling Entities US ●Based Omnibus Crime Control Act, administrative Office of the U.S. Courts is expected to prepare an annual report for Congress, outlining surveillance statistics France ●National Committee for Lawful Intercepts (CNCIS) handle LI data initiated by government. ●CNCIS member : president, senate and national assembly UK ●Interception of Communications Commissioner (ICC) : independent individual report to the PM,who decide publication of report ●Investigatory Powers Tribunal (IPT) : independent court responsible for adjudicating complaints regarding LIs ●secret services surveillance are regulated by the Institution of Surveillance Commissioner (ISC). Japan ●Surveillance activities controlled by physical presence expert TSP and executed by LEA member ●Not crime-related data must be deleted
  • 11. Control and Sanctions Reporting Duties US ●Each judges must report each warrant for surveillance to the Administrative Office of the U.S. Courts ●Prosecutors report directly to the administrative office in regard to all requested warrants France ●LEA members must log all activities ●Warrants are maintained locally ●National statistics are not maintained UK ● Involved parties mandatory to follow guidelines from ICC and provide the necessary data for annual reports Japan ● Members of LEAs must log all surveillance actions
  • 12. Control and Sanctions Sanctions for Non-compliance US ●If TSPs can't provide information, technical assistance to complete interception, they face criminal or civil liability or good faith reliance defense, and will the sanction are enforced on the basis of the Communication Act of 1934 France ●no formal procedures for sanctions ●CNCIS issued critics for surveillance decisions, and violates act illegal wiretaps and other action UK ●Intentional noncompliance is rare, but sanctions are severe ●Today, no implementation of sanctions has been reported Japan ●Sanctions in terms of abuse of surveillance and surveillance instruments ● no known sanctions against TSPs who unable or choose not to cooperate with LEAs
  • 14. CALEA Reference Model CALEA Interfaces 1. Surveillance administration system (SAS): performs provisioning and receives alarms to CALEA interfaces 2. Call data channel (CDC): network connection reporting from the switch to the LEA 3. Call content channel (CCC): network connection delivering call content from the switch to the LEA CALEA Principal Functions 1) Access functions (AFs) (include network elements such MSC, HLR,etc) who provide access to and replication of intercepted traffic. 2) Delivery function (DF) (include target and warrant information, interfaces, intercepted traffic) to CF 3) Collection function (CF) collect and records lawfully authorized intercepted communications and CII for LEAs
  • 17. ETSI Reference Model ETSI Principal Interfaces 1) HI1 : Interface for Administration Information Transports administrative information from or to the LEA and NWO/AP/SvP 2) HI2 : Interface for IRI Transmit information or data associated with the telecommunications services of the target identity apparent to the network. 3) HI3 : Interface for IRI transports the CC of the intercepted telecommunications service to the LEMF.
  • 18. Conclusions ETSI Principal Interfaces 1) HI1 : Interface for Administration Information Transports administrative information from or to the LEA and NWO/AP/SvP 2) HI2 : Interface for IRI Transmit information or data associated with the telecommunications services of the target identity apparent to the network. 3) HI3 : Interface for CC Transports the CC of the intercepted telecommunications service to the LEMF.