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This is a personal Wiki entry, neither legal advice nor compliance related. You may use it as a basis for further research when writing your own formal assessments. |
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Wiretapping, eavesdropping - unauthorized communication interception and recording
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Related to authorized law enforcement activities, I tend to describe observation activities with the term “digital observation”. In rare cases, I read the term wiretapping in a law enforcement operations context, but usually if there is a lack of certain formalities.
US Wiretap Act, Stored Communications Act
Violations of the Stored Communications Act are subject to civil and criminal liability.
The I.) Wiretap Act and II.) Stored Communications Act (Wiretap Act (Title II 118 USA 2510-22) prohibits the international interception of any “wire, oral or electronic communication”.
It’s a foundation for communication privacy and electronic surveillance law because it establishes a judicial process by which law enforcement officials may obtain lawful authorization to conduct their observation work. The act prohibits the use of electronic surveillance by private individuals.
The Wiretap Act makes exclusions for Service Providers acting within ordinary scope. It does not include provider’s rights to identify individuals based on their politics (tracking).
Germany - StPo - EU nation state example
In Germany, the StPO (sections 00a and 100b outline the conditions under which telecommunications surveillance can be conducted). It is described as a law enforcement privilege, related to seizing of evidence materials and lawful searches (with a warrant). It also defines which kind of assets can be seized in context of enabling a forensic investigation.
Traditionally, Germany makes a clear distinction between law enforcement and service providers
Unauthorized data modifications are within § 303a StGB.
The modification include deletion, which can also result in further charges, depending on the intentions.
§ 263a deals with fraud in this context, § 268 with the illicit data modifications.
The German TKG also contains provisions related to wiretapping, particularly in terms of obligations for telecommunications service providers to cooperate with lawful interception requests by law enforcement agencies.
References
Please note that a complete discussion of the various acts, which are relevant for law enforcement in this context, is out of scope.
{1} A comparison between US and EU data protection legislation for law enforcement purposes, Study by the CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS
{2} Investigating Internet Crimes: An Introduction to Solving Crimes in Cyberspace, Book by Todd G. Shipley, Art Bowker
{3} Data protection in the electronic communications sector, Directive 2002/58/EC, Directive 2009/136/EC and related EU acts, EU law publication from 2014.