Telephone Investigations

Question 1

The law allows for obtaining call associated data CAD either on a historical basis or a continuing basis list the sections that allow each?

Answer 1

Historical is section 71 of the Search and Surveillance Act 2012 (Production Orders)

Continuing is using a SDW to intercept private communication under section 49 of the Search and Surveillance Act

Question 2

The phone number is contained in or on the SIM card. The other way of real time tracking and/or interception us by using the?

Answer 2

IMEI (International Mobile Equipment Identification) otherwise known as the hand piece.

Question 3

The first 24 hours are the most important a telephone investigator should undertake what key activities during this time?

Answer 3

-Trapping or preloading phon data. Do this with the TSP (Telecommunications Service Provider)
- Establish working relationship with someone at the TSP
- Draft a production Order
- Liase with analyst to assist with formatting raw data

Question 4

What is the definition of the term private communication?

Answer 4

Means a communication whether oral or written or in the form of a telecommunication or otherwise made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication but

Does not include communication occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so.