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Introduction of Communication Protection and Interception Act in Taiwan, R.O.C. Jackie Chien Cybercrime Unit of MJIB Korea KCC, ETRI, KTOA.

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Presentation on theme: "Introduction of Communication Protection and Interception Act in Taiwan, R.O.C. Jackie Chien Cybercrime Unit of MJIB Korea KCC, ETRI, KTOA."— Presentation transcript:

1 Introduction of Communication Protection and Interception Act in Taiwan, R.O.C. Jackie Chien Cybercrime Unit of MJIB Korea KCC, ETRI, KTOA

2 Education Master, Department of Information Management, National Taipei University PhD Candidate, Department of Law, National Chung-Cheng University

3 Legal Proceeding PoliceProsecutor Court: judge transfer prosecution defendant

4 Judicial system Court: judge District court High court Supreme court

5 Lawful Interception in LEA Interception on Voice Phone and FAX Network Interception

6 US Carnivore System

7 Types of Interception

8 Physical Interception & Privacy Expectation Limit to the communication, of which content with reasonable expectation of privacy and secret should be based on legal evidence No Reasonable Privacy Expectation Physical Interception Rule Convert into Reasonable Privacy Expectation Rule

9 What is Communication Send, Storage, Transmit or Receive Symbol, Text, Video, Voice and Messages by Telecom Equipment and Other Wired or Wireless Devices Mail & Document Speech & Talking

10 Types of Lawful Interception 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

11 Not in Private Residence 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

12 Notice of Ending Interception 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

13 Un-Lawful Interception 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

14 Legal Lawful Interception 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

15 Can your Boss Intercept Your Email ? 臺北地方法院 91 年勞訴字第 139 號判決

16 Case Study Save into private mail box RelativeFriends FamilyColleagues You are Fired!

17 How Employee Responds ? You Violet my Privacy

18 How not to Violet Employee Privacy ? Clear Interception Policy Agreement by Employees Employer now can do it

19 Thank you for listening Anti-Cybercrime Unit 886-2-2911-2241 exit 2964 mail: jackiechien@ hotmail.com MJIB


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