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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