Subject: [Raven] Re: [Raven][European] lawful interception of telecommunications

From: "Richard Payne" <[email-masked]>
Date: Tue, 9 Nov 1999 10:45:41 -0500

ch*fr*n posted:

> http://europa.eu.int/eur-lex/en/lif/dat/1996/en_496Y1104_01.html
>
> COUNCIL RESOLUTION of 17 January 1995 on the lawful interception of
>telecommunications (96/C 329/01) THE COUNCIL OF THE EUROPEAN UNION,

which was helpful, but a little out of date. It's worth noting that despite
the 1995 date, the resolution was kept secret until 1998 (which is why it's
generally referred to as Enfopol 98), and hence not subject to the
democratic review it presumably needed and deserved. As documented
elsewhere, this is just ILETS warmed over.

The document, in fact, no longer reflects current EU thinking on
telecommunications interception. It may be helpful to look at:

http://www.theregister.co.uk/991012-000015.html

which Nicholas Bohm pointed us at on October 15th, and the previous article

http://www.theregister.co.uk/990521-000022.html

to see how these "requirements" have been found to be unworkable in
practice.

A brief excerpt from the first one:

> According to senior sources close to the Finnish presidency of the EU, the
European Council wants to
> redraft completely the text for the European recommendation on the
Interception of Internet traffic, known as > Enfopol.
>
> Britain and the Netherlands, alongside industry bodies such as the
European Internet Services Providers
> Association (EuroISPA), have been lobbying for some time to get the draft
dropped.

I hope the irony of the Netherlands lobbying position is lost on no-one.

Another excerpt:

> As it stands the current proposal would have allowed law enforcement
authorities extensive access to
> communications performed via the Internet and other "new technologies".
>
> But opponents of the controversial text criticised it for being too vague
and lacking in safeguards.

So if someone tells you that these "requirements" (much classier than "LEA
wish list", don't you think?) are official EU policy, just grin and point
them at these URL's.

Richard Payne

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---

From: "chefren" <[email-masked]>
Date: Tue, 9 Nov 1999 17:57:30 +0100

> elsewhere, this is just ILETS warmed over.

It's just what's law in The Netherlands since december 
1998. I don't know if laws can be warmed over. The laws are 
in place and functioning.

> > Association (EuroISPA), have been lobbying for some time to get the draft

Since the law is in place in The Netherlands someone is 
badly misinformed.

> I hope the irony of the Netherlands lobbying position is lost on no-one.

There is wrong information here and I'm not advocating for 
The Netherlands but for the way of tapping here: Auditable.

The Enfopol standard has little or nothing to do with it.

> wish list", don't you think?) are official EU policy, just grin and point

The Enfopol policy is another policy, notably a draft. A 
stupid one like your CESA?

The EU information I provided is implemented here and is or 
will be implemented in other EU countries.

They are using tcpdump to tap Internet now, and I think 
that's prety bad news since the taps aren't auditable.

+++chefren

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