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Introduction of Communication Protection and Interception Act in Taiwan, R.O.C.

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.

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Introduction of Communication Protection and Interception Act in Taiwan, R.O.C.

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  1. Korea KCC, ETRI, KTOA Introduction of Communication Protection and Interception Actin Taiwan, R.O.C. Jackie Chien Cybercrime Unit of MJIB

  2. Education • Master, Department of Information Management, National Taipei University • PhD Candidate, Department of Law, National Chung-Cheng University

  3. Legal Proceeding Court: judge prosecution transfer Police Prosecutor defendant

  4. Judicial system Supreme court Court: judge High court District court

  5. Lawful Interception in LEA • Interception on Voice Phone and FAX • Network Interception

  6. US Carnivore System

  7. Types of Interception

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. 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

  14. 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

  15. Can your Boss Intercept Your Email？ 臺北地方法院91年勞訴字第139號判決

  16. You are Fired! Save into private mail box Relative Friends Family Colleagues Case Study

  17. How Employee Responds？ You Violet my Privacy

  18. How not to Violet Employee Privacy？ Clear Interception Policy Employer now can do it Agreement by Employees

  19. Thank you for listening • Anti-Cybercrime Unit • 886-2-2911-2241 • exit 2964 • mail: jackiechien@ hotmail.com MJIB

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