[66767] in North American Network Operators' Group

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

daemon@ATHENA.MIT.EDU (Roland Perry)
Fri Jan 23 09:10:33 2004

Date: Fri, 23 Jan 2004 14:08:14 +0000
To: nanog@merit.edu
From: Roland Perry <nanog@internetpolicyagency.com>
In-Reply-To: <FA668400-4D69-11D8-BCF8-000A95928574@kurtis.pp.se>
Errors-To: owner-nanog-outgoing@merit.edu


In article <FA668400-4D69-11D8-BCF8-000A95928574@kurtis.pp.se>, Kurt 
Erik Lindqvist <kurtis@kurtis.pp.se> 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

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