Publications 2018-03-20T19:00:59+00:00

Publications

  • A folder with paper and research

Event Report: GNI & UNESCO host Improving the Communications and Information Ecosystem to Protect the Integrity of Elections

GNI and UNESCO partnered for two feature sessions: “network availability, security and integrity around elections,” and "enhancing quality of information and elections.” April 23, 2018|events, network disruptions, Publication|
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Digital Empowerment Foundation Joins the Global Network Initiative

The Global Network Initiative (GNI) is pleased to announce that New Delhi-based Digital Empowerment Foundation (DEF) has joined GNI as a member of the civil society constituency.    GNI Executive Director Judith Lichtenberg said, “With one of world’s largest, growing digital user bases, ongoing legal and policy discussions in India [...] April 20, 2018|feature, media release, New Members|

Belgium

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE CODE OF CRIMINAL PROCEDURE The Code of Criminal Procedure makes it possible to impose measures with a view to intercepting a person’s communications following a warrant by the examining magistrate (juge d’instruction/ onderzoeksrechter). This warrant also needs to be communicated to the public prosecutor. [...] March 20, 2018|legal frameworks|

United Kingdom

PROVISION OF REAL-TIME INTERCEPTION ASSISTANCE REGULATION OF INVESTIGATORY POWERS ACT 2000 The Regulation of Investigatory Powers Act 2000 (RIPA) gives senior cabinet ministers the power to authorise the interception of a person’s communications following an application made by an intelligence or law enforcement agency (LEA). Under Section 5 of RIPA, [...] March 15, 2018|legal frameworks|

Turkey

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE THE TURKISH CONSTITUTION Article 22 of the Turkish Constitution states that interception of communication will be granted if there is a decision duly given by a judge on one or several of the grounds of national security, public order, prevention of crime, protection of public [...] March 15, 2018|legal frameworks|

Thailand

PROVISION OF REAL-TIME INTERCEPTION ASSISTANCE CONSTITUTION OF THE KINGDOM OF THAILAND (INTERIM) B.E. 2557 (2014) (the “Interim Constitution”) Following the coup d’état, the National Council for Peace and Order issued the Interim Constitution and repealed the Constitution of the Kingdom of Thailand 2007 (the “2007 Constitution”). The 2007 Constitution protected [...] March 15, 2018|legal frameworks|

Tanzania

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE THE ELECTRONIC AND POSTAL COMMUNICATION ACT The Electronic and Postal Communication Act of 2010 (the EPOCA) does not specifically make provision for the interception of customer communications. However, the existence of intercept powers can be implied from Section 120 of the EPOCA which states [...] March 15, 2018|legal frameworks|

Sweden

PROVISION OF REAL-TIME INTERCEPTION ASSISTANCE ELECTRONIC COMMUNICATIONS ACT 2003 (2003:389) (lag (2003:389) om elektronisk kommunikation) (the “ECA”) According to chapter 6, section 17, it is prohibited to intercept content data or monitor metadata associated with an electronic message. However, under chapter 6, sections 19 and 21, network operators and service [...] March 15, 2018|legal frameworks|

Spain

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE Service providers and operators of public electronic communication networks may be required to intercept communications in the following scenarios: CRIMINAL PROCEDURE ACT a. A judge may, either ex officio or following an initiative by the judicial police or Public Prosecutor, issue an interception order if [...] March 15, 2018|legal frameworks|

Serbia

PROVISION OF REAL-TIME INTERCEPTION ASSISTANCE CONSTITUTION OF THE REPUBLIC OF SERBIA (Official Gazette of the Republic of Serbia no. 98/2006, Ustav Republike Srbije) (the “Constitution”) Article 41 of the Constitution guarantees the confidentiality of letters and other means of communication, and provides that derogation from this right is allowed only [...] March 15, 2018|legal frameworks|

South Africa

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE THE REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISIONS OF COMMUNICATIONS-RELATED INFORMATION ACT NO. 70 OF 2002 The Regulation of Interception of Communications and Provision of Communication-Related Information Act No.70 of 2002 (RICA) states that the interception and monitoring of communications is prohibited unless: • [...] March 15, 2018|legal frameworks|

Russia

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE FEDERAL LAW NO. 144-FZ DATED 12 AUGUST 1995 (THE “LAW ON INVESTIGATIVE ACTIVITIES”) Under article 8 of the Law on Investigative Activities, any state investigatory authority may apply to court for permission to intercept a person’s private communications.  Article 13 of the Law on [...] March 15, 2018|legal frameworks|

Romania

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE COUNCIL OF EUROPE CONVENTION ON CYBERCRIME By Law No. 64/2004, Romania has rati ed the Council of Europe Convention on Cybercrime (ETS No. 185, 23 November 2001). Since that rati cation, Romanian national laws have been amended so as to comply with the requirements [...] March 15, 2018|legal frameworks|

Qatar

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE DECREE LAW NO. (34) OF 2006 Decree Law No. (34) of 2006 on the promulgation of the Telecommunications Law (the Telecommunications Law) and No. (1) of 2009 on the promulgation of the Executive By-Laws for the Telecommunications Law (the Telecoms By-Laws) require telecommunications systems operators [...] March 15, 2018|legal frameworks|

Portugal

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE THE CONSTITUTION OF THE PORTUGUESE REPUBLIC There are two instances in which the courts can authorise and demand the provision of real-time interception assistance: 1. According to Article 34,4 of the Constitution of the Portuguese Republic, interception of telephone communications is only expressly allowed [...] March 15, 2018|legal frameworks|

Pakistan

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE PAKISTAN TELECOMMUNICATION (Re-Organisation) Act 1996 (“PTRA”) Under section 54 of PTRA, the federal government of Pakistan may authorise any person to intercept calls or messages, or to trace calls made through any telecommunications system for national security reasons or for the investigation of any [...] March 15, 2018|legal frameworks|

New Zealand

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE The information outlined below represents the law as in effect at April 2016. On 11 May 2014 the TICA was repealed and fully replaced by the TICSA. The TICSA contains much of the same requirements set out in the TICA, and goes further in [...] March 15, 2018|legal frameworks|

Norway

PROVISION OF REAL-TIME INTERCEPTION ASSISTANCE CRIMINAL PROCEDURE ACT 1981 ((LOV-1981-05-22-25) Lov om rettergang i straffesaker) (the “CPA”) According to section 216a CPA (which falls under chapter 16a on control of communications generally), the district court may make an order permitting the police to carry out communications surveillance when any person [...] March 15, 2018|legal frameworks|

Netherlands

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE TELECOMMUNICATIONS ACT According to Article 13.1 of the Telecommunications Act (the TCA), providers of public telecommunications networks and publicly available telecommunications services (service providers) will only make their telecommunications networks and services available to users if these can be wiretapped. Rules may be set [...] March 15, 2018|legal frameworks|

Myanmar

PROVISION OF REAL-TIME INTERCEPTION ASSISTANCE TELECOMMUNICATIONS LAW 2013 (the “2013 Law”) The 2013 Law was drafted to update Myanmar’s telecommunications sector and to provide a legal framework for the introduction of foreign private investment in the industry. It repealed the Myanmar Telegraph Act 1895 (the “1895 Act”) and the Myanmar [...] March 15, 2018|legal frameworks|
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