This Resolution was adopted in great haste by what is known as the "written procedure" whereby the text is circulated to EU member states and is adopted unless there are substantial objections. Neither national parliaments nor the European parliament were consulted. It was not published until November 1996.
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Its effect was that the EU adopted the "Requirements" as developed by the FBI (with a few small changes) and given a legal basis in the US in October 1994.
The "Requirements" set out the obligations of network and service providers to supply data to the "law enforcement community" (police, customs, immigration and internal security agencies) and to allow them direct ("real-time") access to telecommunications (phones calls and faxes) as they happen.
ENFOPOL 98 (1998) and the later unadopted ENFOPOL 19 (1999) are intended to extend surveillance to the "new technologies" (the internet, e-mails and sateillite phones).
TEXT
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Union, and in particular to Articles K.1.9 and K.2.2 thereof,
Reaffirming the need, when implementing telecommunications interception measures, to observe the right of individuals to respect for their privacy as enshrined in the territorially applicable national law,
Aware of the fact that observing that right comes up against specific legal and technical difficulties in view of technological developments,
Determined to identify and overcome these difficulties in implementing the requirements set out in the Annex while observing human rights and the principles of data protection,
Whereas in the laws of the Member States possibilities are provided for restricting the secrecy of communications and, under certain circumstances, intercepting telecommunications;
Whereas the legally authorized interception of telecommunications is an important tool for the protection of national interest, in particular national security and the investigation of serious crime;
Whereas interception may only be effected insofar as the necessary technical provisions have been made;
Whereas in accordance with a decision by the Trevi Ministers in December 1991 a study should be made of the effects of legal, technical and market developments within the telecommunications sector on the different interception possibilities and of what action should be taken to counter the problems that have become apparent,
HAS ADOPTED THIS RESOLUTION:
ANNEX
REQUIREMENTS
This section presents the Requirements of law enforcement agencies relating to the lawful interception of telecommunications. These requirements are subject to national law and should be interpreted in accordance with applicable national policies.
Terms are defined in the attached glossary.
1.1. Law enforcement agencies require access to all interception subjects operating temporarily or permanently within a telecommunications system.
1.2. Law enforcement agencies require access in cases where the interception subject may be using features to divert calls to other telecommunications services or terminal equipment, including calls that traverse more than one network or are processed by more than one network operatorlservice provider before completing.
1.3. Law enforcement agencies require that the telecommunications to and from a target service be provided to the exclusion of any telecommunications that do not fall within the scope of the interception authorization.
1.4. Law enforcement agencies require access to call associated data such as:
1.4.1. signalling of access ready status;
1.4.2. called party number for outgoing connections even if there is no successful connection established;
1.4.3. calling party number for incoming connections even if there is no successful connection established;
1.4.4. all signals emitted by the target, including post-connection dialled signals emitted to activate features such as conference calling and call transfer;
1.4.5. beginning, end and duration of the connection;
1.4.6. actual destination and intermediate directory numbers if call has been diverted.
1.5. Law enforcement agencies require information on the most accurate geographical location known to the network for mobile subscribers.
1.6. Law enforcement agencies require data on the specific services used by the interception subject and the technical parameters for those types of communication.
3.1. Law enforcement agencies require network operators/service providers to provide call associated data and call content from the target service in a way that allows for the accurate correlation of call associated data with call content.
3.2. Law enforcement agencies require that the format for transmitting the intercepted communications to the monitoring facility be a generally available format. This format will be agreed upon on an individual country basis.
3.3. If network operators/service providers initiate encoding, compression or encryption of telecommunications traffic, law enforcement agencies require the network operators/service providers to provide intercepted communications en clair.
3.4. Law enforcement agencies require network operators/service providers to be able to transmit the intercepted communications to the law enforcement monitoring facility via fixed or switched connections.
3.5. Law enforcement agencies require that the transmission of the intercepted communications to the monitoring facility meet applicable security requirements.
5.1. Law enforcement agencies require network operators/service providers to protect information on which and how many interceptions are being or have been performed, and not disclose information on how interceptions are carried out.
5.2. Law enforcement agencies require network operators/service providers to ensure that intercepted communications are only transmitted to the monitoring agency specified in the interception authorization.
5.3. According to national regulations, network operators/service providers could be obliged to maintain an adequately protected record of activations of interceptions.
GLOSSARY
Access
The technical capability to interface with a communications facility, such as a communications line or switch, so that a law enforcement agency can acquire and monitor communications and call associated data carried on the facility.
Call
Any connection (fixed or temporary) capable of transferring information between two or more users of a telecommunications system.
Call associated data
Signalling information passing between a target service and the network or another user. Includes signalling information used to establish the call and to control its progress (e.g. call hold, call handover). Call associated data also includes information about the call that is available to the network operator/service provider (e.g. duration of connection).
Interception
As used here, the statutory-based action of providing access and delivery of a subject's telecommunications and call associated data to law enforcement agencies.
Interception interface
The physical location within the network operator's/service provider's telecommunications facilities where access to the intercepted communications or call associated data is provided. The interception interface is not necessarily a single, fixed point.
Interception order
An order placed on a network operator/service provider for assisting a law enforcement agency with a lawfully authorized telecommunications interception.
Interception subject
Person or persons identified in the lawful authorization and whose incoming and outgoing communications are to be intercepted and monitored.
Law enforcement agency
A service authorized by law to carry out telecommunications interceptions.
Law enforcement monitoring
A law enforcement facility designated as the transmission destination facility for the intercepted communications and call associated data of a particular interception subject. The site where monitoring/recording equipment is located.
Lawful authorization
Permission granted to a law enforcement agency under certain conditions to intercept specified telecommunications. Typically this refers to an order or warrant issued by a legally authorized body.
Network operator/service provider
- network operator: the operator of a public telecommunications infrastructure which permits the conveyance of signals between defined network termination points by wire, by microwave, by optical means or by other electromagnetic means;
- service provider: the natural or legal person providing (a) public telecommunications service(s) whose provision consists wholly or partly in the transmission and routing of signals on a telecommunications network.
Quality of service
The quality specification of a communications channel, system, virtual channel, computer-communications session, etc. Quality of service may be measured, for example, in terms of signal-to-noise ratio, bit error rate, message throughput rate or call blocking probability.
Reliability
The probability that a system or service will perform in a satisfactory manner for a given period of time when used under specified operating conditions.
Roaming
The ability of subscribers of mobile telecommunications services to place, maintain, and receive calls when they are located outside their designated home serving area.
Target service
A service associated with an interception subject and usually specified in a lawful authorization for interception.
Telecommunications
Any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system.
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