A/HRC/23/40
Review has also included recommendations to ensure, for example, that legislation relating
to the Internet and other new communication technologies respects international human
rights obligations.20
V. Modalities of communications surveillance
33.
Modern surveillance technologies and arrangements that enable States to intrude
into an individual’s private life threaten to blur the divide between the private and the
public spheres. They facilitate invasive and arbitrary monitoring of individuals, who may
not be able to even know they have been subjected to such surveillance, let alone challenge
it. Technological advancements mean that the State’s effectiveness in conducting
surveillance is no longer limited by scale or duration. Declining costs of technology and
data storage have eradicated financial or practical disincentives to conducting surveillance.
As such, the State now has a greater capability to conduct simultaneous, invasive, targeted
and broad-scale surveillance than ever before.
A.
Targeted communications surveillance
34.
States have access to a number of different techniques and technologies to conduct
communications surveillance of a targeted individual’s private communications. Real-time
interception capabilities allow States to listen to and record the phone calls of any
individual using a fixed line or mobile telephone, through the use of interception
capabilities for State surveillance that all communications networks are required to build
into their systems.21 An individual’s location can be ascertained, and their text messages
read and recorded. By placing a tap on an Internet cable relating to a certain location or
person, State authorities can also monitor an individual’s online activity, including the
websites he or she visits.
35.
Access to the stored content of an individual’s e-mails and messages, in addition to
other related communications data, can be obtained through Internet companies and service
providers. The initiative of the European standards-setting authority, the European
Telecommunications Standards Institute, to compel cloud providers22 to build “lawful
interception capabilities” into cloud technology to enable State authorities to have direct
access to content stored by these providers, including e-mails, messages and voicemails,
raises concerns.23
36.
States can track the movements of specific mobile phones, identify all individuals
with a mobile phone within a designated area, and intercept calls and text messages,
through various methods. Some States use off-the-air mobile monitoring devices called
International Mobile Subscriber Identity (IMSI) catchers, which can be installed in a
location temporarily (such as at a protest or march) or permanently (such as at an airport or
other border crossings). These catchers imitate a mobile phone tower by sending and
20
21
22
23
10
A/HRC/14/10.
See, for example, the United States Communications Assistance for Law Enforcement Act 1994
(United States); Telecommunications Act 1997, Part 15 (Australia); Regulation of Investigatory
Powers Act 2000, ss12-14 (United Kingdom); Telecommunications (Interception Capability) Act
2004.
A cloud provider offers services of networked online storage of data.
ETSI DTR 101 567 VO.0.5 (2012-14), Draft Technical Report: Lawful Interception (LI);
Cloud/Virtual Services (CLI).
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