NGN lawful interception
Subject to national legislation, all kinds of telecommunications may be subject to interception and/or
data searches in relation to enquiries. Lawful Interception (LI), also called “wiretapping”, consists in the
interception of communications by law enforcement agencies (LEAs) and intelligence services. The
requests are directed to public telecommunication networks and services, in accordance with national
legislation and on the basis of the authorisation from competent authorities. With technological evolution it
has become more difficult to intercept all communications of a targeted user. In the public switched
telephone network (PSTN) environment interception was carried out by connecting to the line of the user
at the local switch. With the advent of mobile phones, it became more difficult to implement lawful
intercept since users could be at any location served by the operator and its roaming partners. The mobile
signalling networks need to be monitored to detect the presence, identity and location of callers. On the
technical side standards organisations have played a role in formulating standards which allow for lawful
interception.
Convergence of networks and services, with users transmitting information through IP-based, mobile
or fixed networks interchangeably, is exacerbating the problem of lawful intercept. To preserve the ability
of law enforcement agencies to conduct electronic interception, network operators and application service
providers, as well as manufacturers of telecommunications equipment, are required to modify and design
their equipment, facilities, and services to ensure that they have the necessary capabilities to intercept.
Governments extended the obligation to provide lawful interception from network operators to include also
Internet service providers.
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However, considering that often the reference is not anymore the connection,
but the service used over the connection, questions arise as to whether the coverage of lawful intercept is
adequate and whether this requires retention of data by, for example, Internet Service Providers.
Communications using instant messaging or e-mail, as an example, do not necessarily have to be ‘home-
DSTI/ICCP/CISP(2007)2/FINAL
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based’, but can use web-based mail where servers are located outside a country so that cross-border
enforcement also becomes important.
In this context, it is essential for law enforcement authorities to co-operate with network and service
providers,
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as well as with application service providers, and to continue to work at the international level
to build effective co-operation networks among authorities in different countries.
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