North American Network Operators Group

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Re: What's the best way to wiretap a network?

  • From: Roland Perry
  • Date: Fri Jan 23 09:12:08 2004


In article <[email protected]>, Kurt Erik Lindqvist <[email protected]> writes
(Although I now what the NA...stands for I have to ask)
Plenty of NANOs will have bits of network in the EU (or indeed within the remit of the Cybercrime Convention which the USA has signed but not ratified).

So the EU part is only the tapping requirement? The charging scheme is
local? Or did I miss all of this?
EU law tends to say things about privacy, human rights, and so on. It outlaws wiretaps, but then has exemptions to allow individual states to pass wiretap laws if they feel there's a law enforcement need. Nothing about cost recovery.

The Cybercrime Convention (a Treaty of the Council of Europe - which is not the EU - and not a law in its own right) has an article (#21) *requiring* ratifying states [1] to implement wiretapping, but is also silent on the cost recovery issue, which would be a matter for the individual state's legislature.

[1] Only 4 relatively minor states so far, so the Treaty isn't even in force yet:

http://conventions.coe.int/Treaty/EN/searchsig.asp?NT=185&CM=&DF=
--
Roland Perry