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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 B : Directive for Mobile Cellular Operators 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 lnformation Act, 2002 (Act No. 70 of 2002);

 

"buffer"

means the temporary storing of real-time communication-related information and "buffered" has a similar meaning;

 

"direction"

means a written or oral interception direction, real-time communication-related direction or archived communication-related direction, as the case may be;

 

"handover interface"

means a physical and logical interface across which the results of a direction or request are delivered from a MCO to the IC;

 

"identity"

means a technical label which may represent the origin or destination of any telecommunications traffic, as a rule clearly identified by a physical telecommunications identity number (such as a telephone handset number, IMEl or SIM-card number, IMSI) or the logical or virtual telecommunications identity number (such as a personal number, MSISDN) assigned to a physical access;

 

"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 telecommunications traffic pursuant to the Act;

 

"interception target"

means the customer whose indirect communications are to be intercepted and routed to the IC, or whose real-time communication-related information or archived communication-related information is to be routed by a MCO to an IC or provided to a law enforcement agency, pursuant to a direction or request;

 

"mobile cellular operator"

means a mobile cellular operator as defined in section 1 of the Telecommunications Act, 1996 (Act No. 103 of 1996), including any telecommunications service provider who is licensed to use mobile cellular or fixed mobile technology in its telecommunications system, and is herein referred to as a "MCO";

 

"quality of service"

means the quality specification of a telecommunications channel, system, virtual channel, computer-telecommunications session, etc. Quality of service may be measured, for example, in terms of signal-to-noise ratio, bit error rate, message throughput rate or call blocking probability.

 

"result of interception"

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

 

"request"

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

 

"successful call"

means the successful establishment of communication channel with the generation of one or more call data records (CDRs) associated with the communication channel.

 

"target identity"

means the identity associated with a target service used by the interception target; and

 

"target service"

means a telecommunications service used by an interception target and specified in a direction or request.