Legal Interception of Mobile Phones Issues and Policy
Legal Interception of Mobile Phones : Issues and Policy Implications Dr. Aravind Chaturvedi, Additional Supdt Of Police Special Task Force, UP Police, Lucknow, India +91 -9838503310 aravindchat@gmail. com
Summary • Need for Lawful Interception • Challenges faced with the Evolution of Mobile Technologies/Generations- 2 G, 2. 5 G, 2. 75 G, 3 G, 4 G • Standardization of LI facilities • Legal provisions in USA, UK, INDIA • Issues and Policy Implications – Comprehensive Interception Capabilities – Reliability and Integrity – Immediate Activation and real time responsiveness – Decryption – Complete Logging of events
Need • Telecommunication has become an essential part of our lives. Education, business, government, other organizational activities, family relations largely bank on telecommunications in someway or the other. • The same telecommunication services are used to perpetuate terrorism, threat, intra and inter-national criminal networks, disruptions in the internal and external security of nations. • Hence, with the growth of Mobile technology Generations, telecommunication operator’s ability to ensure Lawful Interception (LI) has become more important than ever.
Future 4 G 3 G GSM + EDGE GSM+GPRS GSM + VAS 2 G 1 G
Status of Mobile Technologies/Generations Tele Presenting 1 G networks NMT, C-Nets, AMPS, TACS first analog cellular systems, started early 1980 s. 1 G 2 G Digital mobile phone Features : -Phone call - voice mail - SMS Speed : 10 kbps GSM, CDMA Best technology Tele Presenting • Phone call/fax Distance Learning • voice mail Knowledge based network • send & receive large email messagesoperations • Web browsing United service network • Navigation / maps Rich Content Transmission • News updates Speed : Upto 100 Mbps Speed : 64 – 144 kbps GPRS, cdma 2000 1 x 2. 5 G 3 G Combines a mobile phone, laptop and TV Features : -Phone call/fax - global roaming -High-speed web -Videoconferencing -TV streaming Speed : 144 kbps – 2 Mbps UMTS FDD and TDD, cdma 2000 1 x EVDO, 4 G
Evolution Path of 3 G UMTS GSM GPRS EDGE Existing Spectrum New Spectrum GSM 900 & GSM 1800 2 G 2. 5 G 9. 6 kbps 64– 115 kbps IMT 2000 2. 75 G 115– 384 kbps 3 G 0. 384– 2 mbps
2 G Network Architecture LIM CALL SET UP 18 January 2022
3 G UMTS Universal Mobile Telecommunications System Network Architecture LIM
Lawful Interception • Lawful Interception (LI) describes the lawfully authorized interception and monitoring of telecommunications pursuant to an order of a government body, to obtain the forensics necessary in a case. • It is a need that has existed from the times of shortrange telegraphy to today’s world spanning Next. Generation Networks (NGNs). • I will focus on the technical concepts underlying LI, initiatives by International bodies for it’s standardization and related Issues.
LI Lawful Interception FIRST KNOWN LI Lawful interception (LI) data generally consist of 1. Intercept Related Information IRI or Call Data including called/calling parties, time of call, duration , direction, location, IMEI, IMSI and so on 2. Call Content CC, the content of the communications. 3. If the data are not obtained in real-time, the activity is referred to as access to retained data (RD). WITH THE CHANGE IN TECHNOLOGY, CONTENTS OF IRI SHALL CHANGE
LI Lawful Interception • Typically, a national Law Enforcement Agency (LEA) issues an order for LI to a specific network operator, access provider, or network service provider, which is obliged by law to deliver the requested information to a Law Enforcement Monitoring Facility (LEMF).
Organizational flow chart for Lawful Interception Network Operator Access Provider Service Provider LIM LI ORDER REQUESTED INFORMATION Law Enforcement Agency (LEA) Law Enforcement Monitoring Facility (LEMF)
International bodies • The establishment of the International Telecommunication Union (ITU) on 17 May 1865 (originally named International Telegraph Union) was closely linked with the invention of the telegraph. • Since those days , ITU treaties provide the legal basis for lawful interception forensics incorporated into the national legislation of many countries. • It is the technical implementation of two opposing requirements – secrecy and forensics
Standardization of LI facilities • The legal and regulatory requirements for the production of forensics may vary from country to country but most requirements remain common. • The principal global forums for specifying the requirements as well as specific Standards for LI are – the European Telecommunication Standards Institute (ETSI) – Technical Committee on Lawful Interception (TC LI) – 3 rd Generation Partnership Project (3 GPP).
Lawful Interception Standards published by ETSI • ES 201 158 Requirements for Network Functions • TS 102 234 Service-specific details for Internet access services • TS 102 233 Service-specific details for e-mail services • TS 101 331 Requirements of Law Enforcement Agencies • TR 102 053 Notes on ISDN lawful interception functionality • TR 101 944 Issues on IP Interception
Interception Laws: Global View • USA – FISA Foreign Intelligence Surveillance Act 1978 – CALEA Communications Assistance for LEA Act 1994 – USA PATRIOT Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act 2001 (Law in 2006) • UK – RIPA Regulation of Investigatory Powers Act 2000 • EC – 96/C/329/01 Resolution of 17 th Jan 1995
Sec 3(1 AA) of Indian Telegraph Act • Telegraph: Any appliance, instrument, material or apparatus used or capable of use for transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, visual or other electro-magnetic emissions, Radio waves or Hertzian waves, galvanic, electric or magnetic means • Talks about HARDWARE, ACTIVITY, CONTENT AND TECHNOLOGY
Sec 5(2) of Indian Telegraph Act Any officer specially authorized by the Central Government or a State Government may, in the interest of • sovereignty and integrity of India • the security of the State • friendly relations with foreign states • public order • for preventing incitement to the commission of an offence,
Sec 5(2) of Indian Telegraph Act may order that • any message or class of messages • to or from any person or class of persons, or • relating to any particular subject, brought for transmission or transmitted or received by any telegraph, • shall not be transmitted, or • shall be intercepted or detained, or • shall be disclosed to the officer mentioned in the order.
Criteria for Interception • UK-RIPA – in the interests of national security; – preventing or detecting serious crime; – safeguarding the economic well-being of the UK; or – of giving effect to the provisions of any international mutual assistance agreement. • USA-18 U. S. Code § 2518 – murder, kidnapping, robbery, extortion, bribery, child molestation, narcotics offences, crimes against national security, and any offence • USA- PATRIOT – Terrorism – Computer fraud and abuse offences
Issues and Policy Implications TECHNICAL CAPABILITIES OF LI WHICH MOST OF THE LEAs MANDATE 1. Comprehensive Interception Capabilities- intercept all applicable communications of a target 2. Reliability and Integrity- ensure accurate result with the highest level of data integrity 3. Immediate Activation and real time responsiveness 4. Decryption- Encrypted data should be delivered in plain text by the operator 5. Complete Logging of events- all LI related activities/parameters must be recorded in standard format
Few more Issues • With the exhaustion of IPv 4 in most of the countries, ISPs are using NATed( Network Address Translation) structures to use ONE public IP to share with hundreds of private IP allottees distinguishing with port numbers. But none of the recipient servers capture port number. Consequently, there is complete miss-match • Do. T has come up with a new circular on IPDR in Oct 2013 • VODA CDR
Last but not the least National law making bodies should understand the need of LEAs and specify the criteria for interception. RIPA- detection of crime INDIA- for preventing incitement to the commission of an offence
Thank you…………. Dr. Aravind Chaturvedi, Additional Supdt of Police Special Task Force, UP Police, Lucknow, India +91 -9838503310 aravindchat@gmail. com
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