Transcript PPT. - Network Forensics and Lawful Interception

Korea KCC, ETRI, KTOA
Introduction of Communication Protection
and Interception Act
in
Taiwan, R.O.C.
Jackie Chien
Cybercrime Unit of MJIB
Education
•
Master, Department of
Information
Management, National
Taipei University
•
PhD Candidate,
Department of Law,
National Chung-Cheng
University
Legal Proceeding
Court: judge
transfer
Police
Prosecutor
defendant
Judicial system
Supreme court
Court: judge
High court
District court
Lawful Interception in LEA
• Interception on Voice Phone and FAX
• Network Interception
US Carnivore System
Types of Interception
Physical Interception & Privacy Expectation
• Limit to the communication, of which content with reasonable
expectation of privacy and secret should be based on legal evidence
Convert into
Reasonable
Privacy
Expectation Rule
No Reasonable
Privacy
Expectation
Physical
Interception Rule
What is Communication
• Send, Storage, Transmit or Receive Symbol,
Text, Video, Voice and Messages by Telecom
Equipment and Other Wired or Wireless Devices
• Mail & Document
• Speech & Talking
Types of Lawful Interception
• Crime Interception
– Heavy Crime：Crime of 3-year above Sentence in
Prison or Specific Ones
– Emergent Lawful Interception
– Official Approval：Issued by Judge since July 2007
• Intelligence Interception
– Collect Necessary Information from foreign Countries
or hostile organizations outside country
– Official Approval：Issued by Commander of National
Intelligence Organization
Not in Private Residence
• The Ways of Interception should be Interception,
Eavesdrop, Voice or Video Recording, Photo,
Mail-opening, Investigation, Xerox or Other
Necessary Similar Methods
• No Eavesdrop Device, Video Recorder and
other Interception Equipments in Private
Residence Site
Notice of Ending Interception
• Procedure
– List the Name of Interceptee, Residence Site
– Report to Prosecutor, or National Intelligence
Oraganization
– Submit to Court for Notice to Interceptee
• Concern
– Unless Impact to Lawful Interception or
Unable to Contact, Court Should Send Notice
to Interceptee
Un-Lawful Interception
• 5-year below Sentence in Prison for
un-Lawful Interception
• Officers or telecom employees may
be 6-month above & 5-year below
sentence in prison for un-lawful
interception by unauthorized
empowerment
• 1-year above and 7-year below
sentence in prison with the above
crime for business
Legal Lawful Interception
• All by Law
• All staff of telecom or post agencies should
follow regulations or related law of telecom and
post services to do it
• Interceptor is one of communication parties or
Pre-approval by one of communication parties,
and the act must be for legal purpose
Can your Boss Intercept Your Email？
臺北地方法院91年勞訴字第139號判決
Case Study
You are
Fired!
Save into private
mail box
Relative
Friends
Family Colleagues
How Employee Responds？
You Violet my Privacy
How not to Violet Employee
Privacy？
Clear Interception
Policy
Agreement by
Employees
Employer now
can do it
Thank you for listening
Anti-Cybercrime Unit
MJIB
 886-2-2911-2241
exit 2964
 mail: jackiechien@
hotmail.com