The complexities of today’s communication systems and networks creates significant challenges for law enforcement and national security organizations – especially when dealing with sophisticated criminal or terrorist organizations that are capable of exploiting emerging technologies providing anonymity, insulation, cover and concealment. These challenges can be overcome with versitile and interoperable lawful intercept platforms that can be integrated into existing insfrastructure with ease and that are capable of targeting the widest possible range of communication protocols and channels.
The right to privacy of individuals is enshrined in our constitution and is universally regarded as a basic human right. Arbitrary interference by public authorities in one’s private or family life has no place in a free society, yet this is often at odds with the need for lawful interception and data retention in order to protect society from criminal or terrorist threats. To protect the rights of the individual against arbitrary surveillance, legal frameworks such as the RICA Act have been formulated and implemented with the intention of regulating the interception and monitoring of communications and communication-related information. The law recognizes that while an individual’s right to privacy is important, under certain circumstances, that right is outweighed by other considerations such as public safety and national security. In such circumstances a law enforcement or other authorized agency must obtain an interception directive from a designated judge, and in a similar manner as a search warrant, must demonstrate that the request is lawful and that the intercepted information will serve a justified purpose.