THE COUNCIL (OR. d)
Brussels, 15 March 1999 (22.03)
from : Presidency
to : Police Cooperation Working Party
No. prev. doc.: 10951/2/98 ENFOPOL 98 REV 2 + COR 1
Subject: Interception of telecommunications
– Draft Council Resolution on new technologies
Delegations will find attached the text of the above Council Resolution as it stands following the meeting of the Police Cooperation Working Party on 11 March 1999.
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles K.1(9) and K.2(2) thereof,
Reaffirming the considerations put forward in the Council Resolution of 17 January 1995 on the lawful interception of telecommunications,
Whereas the requirements listed in the Annex to that Resolution constitute an important summary of the needs of the competent agencies as regards the technical and organisational implementation of lawful interception measures,
Aware of the fact that the requirements of 17 January 1995, after careful verification of their continued validity, are to apply to both existing and new technologies, and that the requirements must consequently be clarified and supplemented to take account of the ongoing process of technical development,
HEREBY ADOPTS THIS RESOLUTION:
of the requirements and definitions of concepts in the glossary
of the Council Resolution of 17 January 1995, published together with its Annex
in the Official Journal of the European Communities (OJ 96/C 329/01)
The requirements of law enforcement agencies for lawful interception of telecommunications in relation to network operators and service providers, with glossary, of the Council Resolution of 17 January 1995 shall apply also to new technologies in existence, e.g. satellite and internet communications, and to future additional telecommunications technologies.
The technical terms used in the Council Resolution of 17 January 1995 on the basis of the then state of telecommunications technology are to be interpreted as applying to new telecommunications technologies already in existence and to future additional telecommunications technologies. In this context, a number or other electronic identifier in the 1995 requirements means e.g. in the case of the Internet, the static and dynamic IP address (electronic address assigned to a party connected to the Internet), credit card number and E-mail address.
Certain requirements, especially Nos 1, 1.4 – 1.4.6, 2 and 3.1, can be fulfilled in the case of the Internet for example by virtue of its design because the call content and the data relating to the call are never transmitted separately in any case.
re 1.4.2. of the requirements
Called party number includes any telecommunications identifier of the called party.
re 1.4.3. of the requirements
Calling party number includes any telecommunications identifier of the calling party.
re 2. of the requirements
In the context of the provision of call associated data,
"as soon as possible" means transmission of the data within a few seconds.
re 3.4. of the requirements
Fixed and switched connections include all types of switched connections including circuit-switched and packet-switched connections. IP connections are not excluded.
re 8. of the requirements
For international systems the maximum number of simultaneous interceptions needs to be derived from combining national requirements.
A call includes any connection irrespective of the technology of the network, e.g. packet-switched data.
re INTERCEPTION INTERFACE
In newer telecommunications technologies the interception interface may be a virtual interface within the network.
To set up the technical capability for lawful interception of telecommunications exclusively for the law enforcement agencies.
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