ISPA Internet Week Regulatory Session The Regulation of Interception of Communications (RIC) Bill 12 September 2002 Tracy Cohen

RIC Bill: Context International –USA, Canada, UK, France, etc. –Council of Europe (COE) Cyber-crime Treaty Local –Review of security legislation –COE commitments –Draft 6: tabled 3 Sept; deliberations Sept ‘02 –Promulgation 2002? What is required of ISPs?

RIC Bill: Outline Prohibits unlawful surveillance and interception of communications except for law enforcement purposes Requires all telecoms systems and networks to be capable of surveillance Interception Directions (Chapter 3) –Requires telecom service providers to assist LEA in the execution of direction (Chapter 4, s 28) Interception Centres ISP Assistance Fund (s 38) Offences – some new (Chapter 9)

ISPs Responsibilities (Chapters 4 & 5) Ensure and bear the costs of surveillance capability –ISP ‘small business’ exemption, but: –Still possibly contribute to the Fund? Respond to interception and decryption directions –Routing duplicate signals of indirect communication –Providing communication-related information to the authorities. Store communication related information (3 years) Obtain customer personal/commercial data prior to service Retain indefinitely and hand over to LEA on request

RIC Bill: Implications Privacy Costs –compensation Ministerial discretion Lack of consultation Impact assessment studies? No annual public accounting