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Introduction of Communication Protection and Interception Act in Taiwan, R.O.C.
Jackie Chien Cybercrime Unit of MJIB |
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Education |
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- Master, department of Information Management of National Taipei University
- PhD student, department of law of National Chung-Cheng University
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Legal proceeding |
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Judicial system |
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Lawful Interception in LEA |
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- Interception on Voice Phone and FAX
- Network Interception
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US Carnivore System |
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Types of Interception |
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Physical Interception & Privacy Expectation |
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Limit to the communication, of which content with reasonable expectation of privacy and secret should be based on legal evidence |
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What is Communication |
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- Send, Storage, Transmit or Receive Symbol, Text, Video, Voice and Messages by Telecom Equipment and Other Wired or Wireless Devices
- Mail & Document
- Speech & Talking
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Types of Lawful Interception |
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- 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
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Not in Private Residence |
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- 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
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Notice of Ending Interception |
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- 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
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Un-Lawful Interception |
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- 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
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Legal Lawful Interception |
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- 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
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Can your Boss Intercept Your Email？ |
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Case Study |
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How Employee Responds？ |
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How not to Violet Employee Privacy？ |
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