Understand important categories surveillance technologies: network and tactical. We include case studies of how technologies have been used against opponents and activists around the world. We also cover the revealing nature of metadata and modern communications surveillance.
Metadata Protections around the world
TABLE OF METADATA PROTECTIONS
s. 16 of Regulation of Investigatory Powers Act, 2012
intercepted material falls within this subsection so far only as it is selected to be read, looked at or listened to otherwise than according to a factor which—
has as its purpose, or one of its purposes, the identification of material contained in communications sent by him, or intended for him
UNITED STATES OF AMERICA
Smith v. Maryland 1979
"there is no constitutionally protected reasonable expectation of privacy in the numbers dialed into a telephone system, and hence no search within the fourth amendment is implicated by the use of a pen register installed at the central offices of the telephone company." (NO NEED FOR A WARRANT)
USA Freedom Act 2016 that amended the Foreign Intelligence Surveillance Act 1978:
Each application under this section—
(1)shall be made to—
a judge of the court...
(A) a specific selection term to be used as the basis for the production of the tangible things sought;
(B)in the case of an application other...for the production of call detail records... a statement of facts showing that there are reasonable grounds to believe that the tangible things sought are relevant to an authorized investigation
Source: http://www.info.gov.hk/gia/general/201504/29/P201504290534.htm , Interception of Communciations and Surveillance Ordinance.
Question to Secretary for Security April 29 2015:
LEAs are required to obtain authorisation from a panel judge or a designated authorising officer prior to any interception of communications or covert surveillance.
When investigating crime cases, LEAs may, having regard to the nature of the cases and for the purpose of crime prevention and detection, request necessary information related to crime detection from persons or organisations concerned, including subscribers' information (such as account name and Internet Protocol address (IP address)) and log records from local or overseas Internet service providers (ISPs), for locating witnesses, evidence or suspects. Such enquiries do not involve requests for records of the content of any non-open communications.
Source: Vodafone Law Enforcement Disclosure Report. Legal Annex February 2015 report: http://www.vodafone.com/content/dam/sustainability/2014/pdf/operating-responsibly/law_enforcement_disclosure_report_2015_update.pdf
Require operators of telecommunication systems used to provide telecommunication services to the public to intercept communications in real-time.
In cases involving national security and general emergency cases, the Qatari ministries and law enforcement agencies can directly approach communication service providers and require them to assist law enforcement agencies in achieving their objectives which could involve implementing a technical capability that enables direct access to their network (without the communication service providers operational control or oversight).
Source: Decree Law No. (34) of 2006 on the promulgation of the Telecommunications Law, Article 63: http://www.ictqatar.qa/en/file/documents/telecom-law-2006pdf
Article (63) Power to Search, Investigate and Seize
The employees of the Supreme Council who are vested with powers of judicial seizure by a decision from the Attorney General pursuant to agreement with the Chairman of the Board shall seize and prove offences committed in violation of the rules of this Law.
In this respect, they may enter related premises, have access to records and documents and inspect equipment and telecommunications systems or any other related things and request data or clarifications as they deem necessary.