Title: Research on lawful interception in information society from a comparative law perspective

 

Author: Ma Hairong, Minhu Ma

 

Addresses:
The Law College of Xi
an Jiaotong University, No. 28, Xianning West Road, Xi
an, Shaanxi, 710049, P.R. China.
The Law College of Xi
an Jiaotong University, No. 28, Xianning West Road, Xi
an, Shaanxi, 710049, P.R. China

 

Journal: Int. J. of Liability and Scientific Enquiry, 2008 Vol.1, No.4, pp.392 - 401

 

Abstract: Lawful interception, as a measure of criminal detection, has a very long history in every country. Along with the rapid development of information technologies and the global prevalence of the internet, networks have already become a new type of crime tool, crime locale and crime target. Lawful internet interception is an effective measure to prevent and fight against internet crimes. However, the 'clash' between technology and the law often represents that the existing theory of law and its practice cannot solve new problems brought by new technologies. Therefore, how to apply lawful interception through networks and broadband, and how to balance between public interest and individual privacy is a big question in Chinese legal academia. Based on this situation, the research on the legislative status, basic content and technology standards of lawful interception in other countries can provide valuable experience for China and its legalisation of internet interception.

 

Keywords: lawful interception; law enforcement assistance; technology standards; information society; comparative law; criminal detection; information technology; internet interception; China.

 

DOI: http://dx.doi.org/10.1504/IJLSE.2008.018286

 

Available online 14 May 2008

 

 

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