[ unofficial quick & dirty translation - source: q/depesche 01.2.7/2 ]
Ordinance of the Federal Minister of Transport, Innovation and
Technology* over the Surveillance of Telecommunications
(Überwachungsverordnung - ÜVO)
Due to § 89 of the Austrian Telecommunications Act (TKG), BGBl. I Nr. 100/1997, last changed with federal law BGBl. I Nr. 26/2000, it is - in agreement with the Federal Minister of the Interior and the Federal Minister of Justice - herewith ordered:
§ 1. This ordinance regulates the organization of technical equipment to provide the surveillance of telecommunication traffic according to the regulations of the Code of Criminal Procedure (StPO).
§ 2. In the sense of this ordinance means
- "operator" who operates telecommunication equipment, by means of those public telecommunication services to be furnished;
- "subscriber line" the technical equipment which is origin or target of telecommunications and is uniquely characterized by an address (physical access), or the address which the subscriber can assign to a physical access on a case-by-case basis;
- "adress" all addressing elements which serve for the target definition of a communication connection;
- "radio cell" the smallest radio supply area in a mobile communications network, assignable by its geographical position;
- "handover interface" the interface to which intercepted telecommunications are transmitted to the monitoring office by the operator, whereby the handover interface can be elaborated as dial-up or as fixed connection;
- "interface" the handover port at which intercepted telecommunications are provided by the operator in a determined technical format.
Data to be supplied
§ 3. (1) Operators have to hold ready the functions in their facility which provide the monitoring and recording of telecommunications, those
- which come from or are intended for the intercepted subscriber line,
- leading to data memories which are assigned to the subscriber line or which are retrieved from such data memories.
(2) Operators have to hold ready the functions in their facility which are able to provide content data as well as other necessary informations in connection with the intercepted telecommunications, in particular
- the address of the intercepted subscriber line;
- the addresses called by the intercepted subscriber line, even if no connection takes place;
- incomplete addresses called by the intercepted subscriber line if a initiated call attempt is terminated premature;
- the addresses of those subscriber lines calling the intercepted subscriber line, even if no connection takes place;
- with the demand on services which pass telecommunications on or forward (call diversion or call forwarding), the address of the diversion or forwarding target, with virtual lines the physical access assigned in each case;
- intercepted subscriber lines which can be assigned to another access on a case-by-case basis, the address of this other access;
- each requested or demanded service or service feature;
- the technical cause for the seize up or not taking place of the intercepted connection;
- with mobile subscriber lines in a cellular network the radio cell handling the intercepted connection;
- at least two of the following specifications:
- Beginning of the connection or the call attempt with date and time-of-day;
- End of the connection or the call attempt with date and time-of-day;
- Duration of the connection.
(3) Operators have to hold ready the functions in their facility which are able to assign the data supplied at the interface unequivocal a certain judicial order and, in cases in which content data and the data stated in Section 2 Point 1 to 9 are transmitted in separated ways from the interface to the handover interface, content data and each appropriate data under Section 2 Point 1 to 9 must be marked in such a way, that they can be assigned, free of doubts.
(4) Section 1 to 3 apply analogous also to
- Telecommunication connections with more than one opposite subscriber, as far as and as long as the intercepted subscriber line participates in such a connection;
- Telecommunication connections which are intended for the intercepted access or are set up by this, if this access is assigned to another access on a case-by-case basis or if the connection is accepted by another access;
- Cases in which several telecommunication connections exist for the intercepted access at the same time.
§ 4. (1) Operators have to hold ready the functions in their facility which are able to supply the telecommunications for the entire duration of the surveillance measure at a determined technical interface. The interface at which the intercepted telecommunications is supplied, must be technically so arranged that in particular
- only telecommunications are supplied which are due to or intended for the intercepted subscriber line,
- the quality of handed over telecommunications is not worse than that one, which is offered to the intercepted user with the respective connection,
- the transmittal of handed over telecommunications is supplied by means of standardized, generally available transmission paths and protocols and
- it complies with the European standard 201 671 V 1.1.1 compiled by the European Telecommunications Standardisation Institute.
(2) for the transmittal of telecommunications to hand over supplied at the interface are to be used basically with fixed connections or ISDN dial-up lines or similarly fast established switched lines. If the transfer will take place by means of dial-up connection, the interface must contain also the ability for automatic connection establishment to a access designated for, to which the record device is attached. Dial-up connections are to be established at the beginning of each telecommunication due to or intended for the intercepted access and are to be relaesed after their end. The necessary access to the dial-up network is constituent of the interface.
(3) with consideration of the practice-oriented requirements, in particular the request under § 3 Section 2, the operator has to determine which possibilities specified in Section 2 Point 1 he wants to use in a certain telecommunication euquipment. If telecommunications to be intercepted cannot be supplied at an single interface, the interfaces must be arranged so that dial-up lines can be implemented.
(4) if the operator protects content data he is entrusted for transmittal reasons against unauthorized third party examination by technical measures, the interface must able be to supply those content data, specified in Section 1 Point 1 to 3, unprotected. If the operator gives the user encoding possibilities for content data the interface must, in accordance with Section 1 to 3, be able to handover decoded content data, specified in Section 1 Point 1 to 3.
(5) operators have to hold ready the functions in their facility which guarantee that monitoring measures can be executed in such a way that neither persons concerned with the intercepted telecommunications nor third parties are able to recognize. In particular the operation possibilities of the intercepted subscriber line must not be changed by the monitoring measure.
Temporal area of application
§ 5. (1) those obligations imposed with §§ 3 and 4 exist starting from the moment in which the contribution of the telecommunication service is taken up. This also applies analogous to each extension or modification of the telecommunication service or the telecommunication equipment with which the telecommunication service is furnished.
(2) operators of those telecommunication equipment by which telecommunication services already had furnished before this ordinance coming into force have the obligations in accordance with §§ 3 and 4 to fulfill by 1. June 2001.
(3) effective date of § 4 Section 1 Point 4: 1. Januar 2005
(4) § 4 Section 2 regarding transmittal of traffic data come into force with 1. Januar 2005.
Questions/Comments to: firstname.lastname@example.org
last update: Sunday, 26-Mar-2006 12:14:06 CEST