Decree of the Ministry of Interior No. 191 / 2000 Coll.
Decree of the Ministry of the Interior on technical conditions for connection and operation of equipment for listening and recording of telecommunications traffic
Valid
Effective from 07.07.2000
Text versions:
01.11.2002
07.07.2000
191
DECLARATION
Ministry of Interior
of 3 July 2000
on technical conditions for connection and operation of equipment for monitoring and recording telecommunications traffic
According to § 109 (3) of Act No. 151 / 2000 Coll., on Telecommunications and on the amendment of other laws, the Ministry of Interior provides for the implementation of § 86 (2) of this Act:
This Decree sets out the technical conditions for the connection and operation of equipment for the listening and recording of telecommunications traffic (hereinafter referred to as "technical conditions for the monitoring ').
General technical conditions for wiretap
(1) The initiation of the eavesdropping and recording of telecommunications traffic (hereinafter referred to as "eavesdropping") shall be carried out by activation of the eavesdropping at the user's address of interest, without delay upon receipt of the request of the authority authorised to perform eavesdropping pursuant to the Special Law (hereinafter referred to as "authorised entity"). Activation of the wiretap at the interest user's address shall include a telecommunications network (hereinafter referred to as "the network ') or a telecommunications service (hereinafter referred to as" the service') in the state in which the information on each activity of the user's address is transmitted to the output.
(2) The end of the wiretap shall be done by deactivation of the wiretap at the interest user address immediately upon receipt of the request of the authorised entity.
(3) The ability to activate and deactivate wiretaps is a legal and natural person providing telecommunications, 2) (hereinafter referred to as "operator") provided continuously.
(4) The user address is a number identifying the end connection or another address identifying the user of the service. International IDs IMSI and IMEI.2a are also considered to be the user address for the mobile network) An interest user address is a user address for wiretap.
(5) The output is an interface used to transfer selected intermediate data and content to the authorised entity's device.
(6) The activity of the user address is a process in which intermediate data or content of messages between this address and the network or service are transmitted.
(1) The network or service allows any user address that may have end-connection to the network or service to activate the wiretap to obtain selected intermediate data and the content of messages or selected intermediate data without the content of messages.
(2) The selected intermediate data are:
(a) the date, time of initiation, duration or time of termination of the activity of the user's interest address, even if the content of the messages is not transmitted;
(b) identification of the type of activity of the user address;
(c) data identifying the user address available to the network or service in its activity; International identifiers for IMSI and IMEI are also considered as such for the mobile network,
(d) identification of all user addresses to which the activity of the user's interest address is directed and from which the activity is directed to the user's interest address, identification of all user addresses forming a chain of redirection and identification of all user addresses of the conference connection; such data may be missing from incoming calls from other networks or services, unless such networks or services can be proven to provide them;
(e) identification of the end-point of the user address of the mobile network;
(f) the exact identification of the channel used to transmit the content of the messages to the authorised entity's installation when its eavesdropping is carried out;
(g) data identifying their source when transmitted through a common channel from multiple nodes of the network or services.
(3) The network or service allows at the same time to activate 0,15% of the user addresses of the total number of network users or services expected at the end of a given calendar year, but not less than 50 and not more than 1000.
Specific technical conditions for the monitoring of networks used in whole or in part for the provision of a public telephone service
(1) The instruction to activate and deactivate the wiretap at the user's interest address is carried out by a personal computer equipped with a terminal emulation program (hereinafter referred to as the "procurement terminal") of the authorised entity.
(2) The input terminal shall be permanently connected to a network or service whose output is performed by a fixed circuit by a separate channel output interval with the X.25 communication protocol.
(3) The contracting terminal shall be connected to a network or service whose output is performed by a communed ISDN circuit to a telephone number which is permanently reserved for this purpose.
(4) Instructions for activation and deactivation of the wiretap at the user's interest address and for listing the current list of user addresses where the wiretap is activated are entered from the input terminal.
(5) Data on the activation and deactivation of the wiretap shall be retained by technical means of the network or service for a period of six months in a manner which does not permit their modification for the purpose of checking the wiretap.
(1) The number and capacity of outputs determined by the authorised entity is such that the simultaneous transmission of the content of messages from at least 15% of the user's interest addresses from the number of user addresses provided for in Section 3 (3) is allowed.
(2) All types of messages are transferred to the output when communicating the user's interest address in such a way that the entire content can be reconstructed.
(3) In the case of data transfers, separate channels are used for the transmission of forward and reverse direction of communication by the user address.
(4) If the output is not equipped with an SS74a signaling channel (s) or DSS1,4b) the content of the messages transmitted to the output is indicated and ended by DTMF tags.
(5) The selected intermediate data and the content of the messages shall be in a form which can be understood at the output without the need to use specialised equipment supplied only by a particular supplier or only by a supplier of network or service technology.
(6) A detailed, complete and comprehensible description of the communication protocols and data formats transmitted to outputs shall be transmitted by the operator to the authorised entity.
(7) The operator shall communicate to the authorised entity information on the change of the network or service that could affect the wiretap,
(a) for anticipated changes prior to their implementation;
(b) in other cases, without delay after their detection.
(1) The output of the network or service that can be operated throughout the whole territory of the Czech Republic (hereinafter referred to as "the whole-area network or service") is carried out by a fixed circuit with an interface of G. 703. The voice transmission is carried out by pulsed code modulation with compression characteristic G.711 - type A.
(2) Selected mediation data are transmitted in one or more of these dedicated channel intervals by X.25 communication protocol.
(3) The output of the entire network or service allows to limit the number of channel intervals used according to the capacity requirements of the authorised entity. The channel interval shall be used as long as the channel interval is not occupied.
(4) The output of the whole-area network or service shall be located in the designated points, 5) which are the end points of the network at the workplaces of the authorised entity.
(5) The output of a network or service that can only be operated on a part of the territory of the Czech Republic (hereinafter referred to as the "local network or service") shall be performed by a communed ISDN circuit to designated points on the telephone numbers specified by the authorised entity.
(6) The local network or service creates a commuted circuit at each start of the user's interest address activity and cancels the commuted circuit after the end of the activity.
(7) After the commuted circuit, the content of messages and selected intermediate data are transmitted in separate channels.
(1) The conditions of Sections 2 to 6 need not be met for analogue networks or parts thereof which prove not to allow the adjustment to ensure that they are met if the authorised body is:
(a) allow the installation of special equipment in the operator's premises for the purpose of wiretap; and
(b) allow access to the facilities referred to in (a) at least once a day for the purpose of operation.
(2) The facilities of the authorised entity which are located on the premises of the operator are connected by the technical means of the network or service to the backup power supply.
Specific technical conditions for the monitoring of services with the recording of messages carried
(1) In the case of a service with a record of messages carried, the conditions set out in paragraphs 1 to 3 of Section 2 and in Section 3 (3) need not be met if the authorised entity is allowed to obtain at least once a day the selected intermediate data and the content of all messages recorded at the user's interest address.
(2) The service with the recording of messages carried is mainly voice mail and e-mail.
Paragraph 5 (2) and paragraphs 5 to 7 shall apply mutatis mutandis to outputs. For these services, information on the activity of the user address is transmitted via commonly used standard data carriers or interfaces.
Specific technical conditions for wiretap of other networks and services
(1) For other networks and services, the conditions set out in Articles 2 (1) to (3) and 3 (3) need not be fulfilled.
(2) Other networks and services are non-public telecommunications networks, Internet services and ring rental services.
Paragraph 5 (2) and paragraphs 5 to 7 shall apply mutatis mutandis to outputs. For these services, information on the activity of the user address is transmitted via commonly used standard data carriers or interfaces.
Transitional and final provisions
In accordance with the Order, the operator shall specify:
(a) networks already operated with an output and service operator within nine months of the effective date of this decree;
(b) networks already in operation with an output not yet operational within 30 months of the date of application of this decree.
This decree shall take effect on the day of its publication.
Minister:
Mgr. Gross v. r.
1) For example, the Code of Criminal Procedure, Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended by Act No. 26 / 1993 Coll., Act No. 67 / 1993 Coll., Act No. 163 / 1993 Coll., Act No. 326 / 1993 Coll., Act No. 113 / 1995 Coll., Act No. 152 / 1995 Coll., Act No. 18 / 1997 Coll., Act No. 88 / 1994 Coll., Act No. 148 / 1997 Coll., Act No. 13 / 1993 Coll., Act No. 138 / 1999 Coll., Act No. 67 / 1999 Coll., Act No. 67 / 1992 Coll., Act No. 325 / 1999 Coll., Act No. 326 / 1999 Coll., Act No. 329.
2) Paragraph 86 (2) of Act No. 151 / 2000 Coll., on Telecommunications and on the amendment of other laws.
2a) International identifiers for IMSI and IMEI are defined in the Recommendation of the European Telecommunications Standardisation Institute ETS 300 523.
3) § 84 paragraph 3 of Act No 151 / 2000 Coll.
4) For example Act No. 283 / 1991 Coll., Act No. 154 / 1994 Coll.
4a) The signalling of SS7 is defined in the recommendations of the International Telecommunications Union Q.761 to 769.
4b) The signalling of DSS1 is defined in the European Telecommunications Standardisation Institute Recommendation ETS 300 102-1.
5) § 86 (2) of Act No 151 / 2000 Coll.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Ministry of Interior No. 191 / 2000 Coll., on technical conditions for connection and operation of equipment for listening and recording telecommunications traffic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.07.2000 |
|---|---|
| Effective from | 07.07.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0