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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 1 : Introductory Provisions

1. Definitions

 

(This Directive must be complied with within a period of six months from the date of publication hereof)

 

 

In this directive, unless the context otherwise indicates, a word or expression to which a meaning has been assigned in the Act has the meaning so assigned, and:

 

"Act"

means the Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act No. 70 of 2002);

 

"applicant"

means an applicant as defined in the Act;

 

"buffer"

means the temporary storing of communication-related information in case the necessary telecommunication connection to route information to the IC is temporarily unavailable, and "buffered" has a similar meaning;

 

"client"

means the ISP customer whose indirect communications are to be intercepted, or whose real-time communication-related information is to be routed by the ISP to the IC, pursuant to a direction or request (synonymous to "interception target" or "interception subject").

 

"handover interface"

means a pre-defined physical or logical interface across which the results of a direction or request are delivered between the ISP and the IC, as specified by the OIC;

 

"identity"

means a technical label which may represent the origin or destination of any communications traffic, as a rule clearly identified by a physical telecommunications identity number (such as a caller line identity number) or the logical communications identity number (such as an Internet Protocol address and/or Internet Protocol port number);

 

"Interception Centre"

means an interception centre established in terms of section 32 of the Act and is herein referred to as the "IC";

 

"interception measure"

means a technical measure which facilitates the interception of communications traffic pursuant to the Act;

 

"interception target"

means the customer whose indirect communications are to be intercepted is to be routed by an ISP to the IC or provided to an interception applicant, pursuant to a direction or request;

 

"internet service"

means connectivity or access to a public TCP/IP network and/or services layered over TCP/IP such as web, e-mail, file transfer, web mail, online chat and voice-over-IP (VoIP) telephony.

 

"internet service provider"

means any telecommunication service provider providing internet services regardless of whether it has been issued with a licence under Chapter 5 of the Telecommunications Act, 1996 (Act No. 103 of 1996) or not, and is herein referred to as an "ISP";

 

"IPSec"

means IP Secure, an industry-standard security protocol utilising modern data cryptographic techniques for the establishment of a secure tunnel;

 

"quality of service"

means the quality specification of a communications channel, system, virtual channel, computer communications session, etc. "quality of service" may be measured in the case of an ISP, for example, in terms of latency or packet loss;

 

"result of interception"

means the content of an indirect communication which is routed by an ISP to the IC pursuant to an interception directive or request;

 

"request"

means a request in terms of section 7 of the Act;

 

"secure tunnel"

means an encrypted and authenticated IP communication channel established using the most recently published versions of the IP Secure (IPSec), Transport Layer Security (TLS), or Secure Socket Layer (SSL) protocols;

 

"target identity"

means the identity associated with an interception subject;

 

"target service"

means a communications service provided by an ISP and utilised by an interception target and usually specified in a direction or request; for example, this refers to web (HTTP), e-mail (SMTP, POP and/or IMAP); chat (JRC), news (NNTP), web-mail (Hotmail, Yahoo etc.) and others.

 

 


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