introduction of communication protection and interception act in taiwan, r.o.c

Introduction of Communication Protection

and Interception Act in

Taiwan, R.O.C.

Jackie Chien Cybercrime Unit of MJIB

Korea KCC, ETRI, KTOA

Education

• Master, Department of Information Management, National Taipei University

• PhD Candidate, Department of Law, National Chung-Cheng University

Legal Proceeding

Police Prosecutor

Court: judge

transfer

prosecution

defendant

Judicial system

Court: judge

District court

High court

Supreme 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

No Reasonable Privacy Expectation

Physical Interception Rule

Convert into

Reasonable Privacy

Expectation 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

Save into private mail box

Relative Friends

Family Colleagues

You are

Fired!

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

886-2-2911-2241 exit 2964 mail: jackiechien@ hotmail.com

MJIB