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Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act 70 of 2002)

Directives in Respect of Different Categories of Telecommunications Service Providers made in terms of The Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act No. 70 of 2002)

Schedule C : Directive for Internet Service Providers in terms of Section 30(7)(a) read with Section 30(2) of the Regulation of Interception of Communications Information Act, 2002 (Act No. 70 of 2002)

Part 2 : Interception of Indirect Communications

4. General requirements in respect of interception

 

4.1 An ISP must:
(a) provide a telecommunications service in respect of which the packets of all indirect communications can be duplicated and routed to the IC;
(b) apply software and/or hardware equipment on its telecommunication system to duplicate and route to the IC all indirect communications; and
(c) ensure that the applied software and/or hardware equipment is capable of identifying the targeted communication on the basis of:
o IP address;
o access login user name (e.g. RADIUS login);
o e-mail address (if hosted by the ISP); and/or
o telephone number or SIP URI (in case of VoIP),

 

4.2 In accordance with a direction or request an ISP shall ensure that:
(a) the entire content of an indirect communication associated with a target identity can be intercepted during the period specified within the direction or request; and
(b) checksum information on the results of interception is recorded, during the period specified within the direction or request.

 

4.3 The ability to intercept telecommunications shall be provided by an ISP in respect of all interception targets utilising its telecommunications system and in respect of all target services.

 

4.4 In so far as is technically and practically feasible, the results of interception relating to an interception target shall be provided by the ISP in such a way that any indirect communication that does not fall within the scope of the direction or request shall be excluded by the ISP.

 

4.5 All results of an interception of an indirect communication provided at the handover interface shall be given a unique identification relating to the direction or request.

 

4.6 After a direction or a request has been presented, interception of the indirect communications shall proceed in accordance with the Act, this directive and the direction or request.

 

4.7 The ISP shall, in relation to each interception target duplicate and route the packets of each successful establishment of an indirect communication to the IC.

 

4.8 In so far as is technically and practically feasible, the provisions of paragraph 4.7 shall also apply to multi-party or multiway communications (eg. multicast), if and as long as the target identity participates in the multi-party or multi-way communications.