Lawful Interception
Lawful Interception (LI) is obtaining communications network data pursuant to lawful authority for the purpose of analysis or evidence. Such data generally consist of signalling or network management information, such as the location of a mobile device, or, in fewer instances, the content of the communications. If the data is not obtained in real-time, the activity is referred to as access to retained data (RD).
One of the bases for LI is the interception of telecommunications by law enforcement agencies (LEAs), regulatory or administrative agencies, and intelligence services, in accordance with local law. Under some legal systems, implementations may require due process and receiving proper authorization from competent authorities.
Individual countries have different legal requirements relating to lawful interception. The Global Lawful Interception Industry Forum lists many of these, as does the Council of Europe secretariat. For example, in the United Kingdom the law is known as RIPA (Regulation of Investigatory Powers Act), in United States there is an array of federal and state criminal law, in the Commonwealth of Independent States (former Soviet Republic countries) the requirement is known as "System for Operative Investigative Activities" (SORM).
In the USA two Federal statutes apply to half of the lawful interception. The other half occurs pursuant to local law. The 1968 Omnibus Crime Control and Safe Streets Act, Title III pertains mainly to lawful interception for criminal investigations. The second law, the 1978 Foreign Intelligence Surveillance Ace, or FISA, as amended by the Patriot Act, governs wiretapping for intelligence purposes where the subject of the investigation must be a foreign (non-US) national or a person working as an agent on behalf of a foreign country. The Administrator of the U.S. Courts annual reports indicate that the cases are related to illegal drug distribution, with cell phones as the dominant form of intercepted communication.
During the 1990s, as in most countries, to help law enforcement and the FBI more effectively carry out wiretap operations, especially in view of the emerging digital voice and wireless networks at the time, the US Congress passed CALEA in 1994. This act provides the Federal statutory framework for network operator assistance to LEAs in providing evidence and tactical information.
In the EU, the European Council Resolution of 17 January 1995 on the Lawful Interception of Telecommunications (Official Journal C 329) mandated similar measures to CALEA on a pan-European basis.
Mobile Arts offer solutions compliant with requirements for Lawful Interception.