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21 /3 /2002
Hon Paul Swain
Interception capability – government decisions
Associate Minister of
Justice Paul Swain has confirmed the government’s decisions on
telecommunications interception capability.
Paul Swain says the
government indicated last year that it would be requiring public
telecommunication networks to be interception capable for law enforcement
and national security purposes.
“What I’m outlining today is how we
expect that to happen,” Paul Swain said.
“The changes will be
included in the Telecommunications (Interception Capability) Bill which is
currently being drafted.
“The Bill will place a legal obligation on
network operators to be technically able to intercept communications going
over their network, when authorised by Police, GCSB or SIS warrant. This
legislation will affect all telecommunication network operators including
ISPs with their own customer networks.
“The government will pay for
the provision of interception capability for existing fixed and mobile
voice networks to be implemented within 18 months from the date the
legislation is enacted.
“Network operators will meet the cost of
upgrading their networks to provide for the interception of internet and
email services (with a five year implementation period from the date of
enactment of the legislation) and for new or additional fixed or mobile
services (with an 18 month implementation period).
“This gradual
implementation period should help reduce the impact on the industry as
some equipment will need replacing in this time anyway.
“It is
easier and cheaper to install interception capability at the time of
design and implementation of new networks than to upgrade existing
networks.
Privacy Issues to be addressed
“Of course with any
legislation dealing with people’s private information we have to make sure
that privacy protections are built into the legislation. To do this we
have included a number of provisions:
· Any interception will require
an interception warrant to be issued by the High Court - as is the case
now.
· Any interception warrant will only be able to be carried out
with the authorisation and agreement of an officer or employee of the
communications company.
· The interception will exclude communications
not authorised to be intercepted.
· Telecommunications operators will
not be required to decrypt any communication encrypted by a customer,
unless the operator provided the encryption facility.
“Network
operators will have to be able to:
· Exclusively isolate and intercept
communications as authorised.
· Obtain relevant information about
calls.
· Intercept unobtrusively while protecting the privacy of other
communications.
· Obtain information in a usable format.
“This
law on interception capability will bring us into line with legal
requirements already in place in a number of different countries including
the United States, Australia, Germany, Netherlands and the UK
“New
Zealand has to make these changes to be certain our law enforcement and
national security are not eroded by changes in technology, this has become
particularly important given concerns about security internationally after
the events of September 11,” Paul Swain said.
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