Valutazione della politica della legge sulle telecomunicazioni (Untranslated)

Intercepting communications is of great importance for law enforcement and national security. The value of this tool for justice and security services is undisputed and not up for debate. However, in order to intercept, telecommunications must be capable of interception. This study examines how intercept capability can best be ensured. This study, commissioned by the Ministry of Economic Affairs, evaluates the intercept capability policy as laid out in Chapter 13 of the Telecommunications Act (TW). Intercept capability refers to securing the ability to investigate telecommunications (intercepting, and obtaining user and traffic data). Chapter 13 of the TW imposes obligations on public telecommunication providers to ensure this intercept capability. The intercept capability policy dates back to the period 1996-1998, with the Policy Intention for authorized interception of telecommunications and its translation into the Telecommunications Act in 1998. However, telecommunication is constantly evolving, both in the market and in technology, putting intercept capability under pressure. The aim of this study is to explore whether the intercept capability policy has been adequately translated into past legislation, and whether policy and legislation are adequate for the future in light of telecommunication developments. This evaluation study largely focuses on the three main pillars of policy and legislation, namely the general obligation that public telecommunications must be interceptable, the obligations for telecom providers to cooperate, and the cost sharing. The study, conducted as a qualitative evaluation due to limited resources, involved interviews with stakeholders (justice and intelligence and security services), telecom providers, regulators, and other experts, supplemented by literature review. The research findings largely reflect the opinions of stakeholders and providers; the conclusions and recommendations are the responsibility of the researchers.