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ISPA Internet Week

ISPA Internet Week. Regulatory Session The Regulation of Interception of Communications (RIC) Bill 12 September 2002 Tracy Cohen. RIC Bill: Context. International USA, Canada, UK, France, etc. Council of Europe (COE) Cyber-crime Treaty Local Review of security legislation

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ISPA Internet Week

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  1. ISPA Internet Week Regulatory Session The Regulation of Interception of Communications (RIC) Bill 12 September 2002 Tracy Cohen

  2. RIC Bill: Context • International • USA, Canada, UK, France, etc. • Council of Europe (COE) Cyber-crime Treaty • Local • Review of security legislation • COE commitments • Draft 6: tabled 3 Sept; deliberations 12-13 Sept ‘02 • Promulgation 2002? • What is required of ISPs?

  3. RIC Bill: Outline • Prohibits unlawful surveillance and interception of communications except for law enforcement purposes • Requires all telecoms systems and networks to be capable of surveillance • Interception Directions (Chapter 3) • Requires telecom service providers to assist LEA in the execution of direction (Chapter 4, s 28) • Interception Centres • ISP Assistance Fund (s 38) • Offences – some new (Chapter 9)

  4. ISPs Responsibilities (Chapters 4 & 5) • Ensure and bear the costs of surveillance capability • ISP ‘small business’ exemption, but: • Still possibly contribute to the Fund? • Respond to interception and decryption directions • Routing duplicate signals of indirect communication • Providing communication-related information to the authorities. • Store communication related information (3 years) • Obtain customer personal/commercial data prior to service • Retain indefinitely and hand over to LEA on request

  5. RIC Bill: Implications • Privacy • Costs • compensation • Ministerial discretion • Lack of consultation • Impact assessment studies? • No annual public accounting

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