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Law for Lawful Interception Communications Protection And Surveillance Law Republic of China (Taiwan)

  1. The prosecutor shall, based on a request from law enforcement authorities, or ex officio, make application with the court concerned for issuing a wiretap warrant; and that during trial, a wiretap warrant may be issued ex officio by a judge
  2. The circumstances under which law enforcement authorities may report to the prosecutor concerned for orally directing the agency conducting wiretap to carry out the wiretap
  3. That if it is necessary for collecting the intelligence of foreign or offshore hostile forces, the chief of the national intelligence agency may issue a wiretap warrant, but shall get permission from the responsible judge working with the high court that is on the site where the intelligence agency is located, however, this limitation shall be excluded if emergency arises
  4. That shall be specified on a wiretap warrant
  5. The provisions governing the continuity or cessation of wiretap
  6. That when an wiretap case is at an end, the agency conducting wiretap shall, after reporting to the prosecutor and getting permission from the judge issuing the wiretap warrant or from the national intelligence agency, notify the individual to be wiretapped
  7. The provisions governing the proceedings in connection with the destruction of the information derived from wiretap
  8. The provisions governing the wiretap of the accused serviceman during investigation or trial by military courts.

The Law requires Operators to install and maintain systems that are compatible for use by law enforcement in conducting telecommunications surveillance. also requires Operators to offer relevant facilities (including spaces, power supply and system interface) and personnel to assist law enforcement’s surveillance.

Based on the Implementation Rules, the Investigation Bureau of the Ministry of Justice and the National Police Agency of the Ministry of Interior should provide Type I facilities-based Operators information on surveillance software and hardware requirement for Operators to propose and construct system facilities that is capable of supporting law enforcement surveillance needs. Operators that wish to expand its communications system and capacity also need to ensure that its expanded system facilities are capable of supporting the law enforcement’s surveillance requirement. It is further required under the Implementation Rules that the Operators’ system should include immediately available line capacity to be provided to law enforcement for surveillance. If the Operator’s system capacity is not enough to cope with the need of law enforcement for surveillance, the Operator is required to immediately expand its facilities capacity.

The same requirement to provide supporting capacity to law enforcement for surveillance will be applicable to the types of Type II value-added Operators separately designated by the National Communications Commission (NCC).

Taiwan Lawful Interception Execution

Is obtaining communications and network data pursuant to lawful authority for the purpose of analysis or evidence.

Law Enforcement Interception Equipment

How to Intercept Internet Information?

  1. Sniffer network packet from Ethernet, Wife Or SSL
  2. Organize network packet raw data
  3. Play Back e-mail, URL Bowering , FTP … …
  4. Saved to database .
  5. Retrieve information

More Then 140 Internet Protocols Can Monitor

Lawful Interception Can get that evidence?

For example : Email
Sender email address, Receive email address
Time and date
Content
Location
… …
More

 

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