Thesis (M.S.)--University of North Texas, May, 2009. / Title from title page display. Includes bibliographical references.

Thesis (M.A.I.S.)--Oregon State University, 2008. / Printout. Includes bibliographical references (leaves 81-84). Also available on the World Wide Web.

Wiretapping and recording of telecommunication traffic Abstract The thesis deals with the institute of wiretapping and recording of telecommunication traffic, which deserves closer attention due to the constant development of technologies. The aim of the thesis is to analyse the main issues of the regulation not only according to the pivotal criminal procedure norm, but also according to other acts, especially in the context of constitutional limits. The thesis is divided into five chapters. In the initial chapter, the author briefly deals with wiretapping of telecommunications traffic from a technological perspective followed by an analysis of the development of wiretapping and recording of telecommunications traffic, in terms of foreign legislation and then Czech legal system. It takes into account not only the historical development of §88 and §88a of the Criminal Procedure Code but also the parallel regulation of wiretapping in the Police Act of 1991. In the second chapter, the author outlines the constitutional limits not only in the terms of the Charter but also according to the Convention and the related case law of the European Court of Human Rights. In the crucial third chapter, the author examines the regulation of wiretapping and recording of telecommunications traffic according to applicable law...

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This thesis deals with the legal framework and the use of wiretapping and record of telecommunication traffic, which is set under Section 88 in the Code of Criminal Procedure and the similar institute of survey of data about telecommunication traffic under Section 88a. The goal of the paper is to analyse valid legal framework, use of both institutes in real with accent on finding current problems and suggesting their solution. Wiretapping and survey of telecommunication data are institutes that serve to get information in criminal procedure and to take evidence, at the same time they are major interference to the basic human rights, particularly the privacy. However if the legal conditions are fulfilled, the interference is allowed. This constitutional aspect is examined in the thesis. Considering today's world full of modern technologies and the choice of remote communication both wiretap and survey of data are plentifully used. In accordance with that it is necessary to deal with the question of legitimacy of using both institutes, the question of how to order and execute them and also the possibilities of using the results of them as the evidence in criminal procedure. The thesis devotes to the important and recent judicature relating to legality of interference with the basic rights and the...

Made available in DSpace on 2017-06-01T18:17:56Z (GMT). No. of bitstreams: 1 Fernanda Carvalho_Dissert.pdf: 599003 bytes, checksum: e9bc7cf9a45144ad9a4af539d51a8072 (MD5) Previous issue date: 2007-09-18 / Art. 5º of the Federal Constitution was regulated by the Law nº 9296/96. The Law, however, over all did not contemplate the hypothesis of the fortuitous meeting in telephonic interceptions that are sufficient ocorrente, in reason of the complexity of crime and the advance of the technology of the information. It moves in legislative process, first draft of reform of the Law above cited. In this, it has the forecast of unusual discoveries In this, it has the forecast of unusual discoveries, however only in the hypotheses that the doctrine stipulated to call inquiry knowledge. The Law that will be able to avenge silences, again, how much to the hypothesis of the fortuitous meeting properly said. From the analysis of the constitucional law to the secrecy, of the principle of the proportionality as alternative to the solution of conflicts of basic rights, of the test in criminal proceeding, it will be presented the concept of the fortuitous meeting and the possible legal consequences of its application in the efetivação of the process as allowed test. The method will be dogmatic-prospective in the perspective of analysis of the national and foreign doctrine as well as of the national jurisprudence. The monograph considers understanding of lege lata can to adjust the Brazilian legislation, adopting, however, also as referencial Draft bill of initiative of the Ministry of Justice / O art. 5º da Constituição Federal foi regulamentado pela Lei nº 9296/96. A Lei, contudo, não contemplou a hipótese do encontro fortuito em interceptações telefônicas que é bastante ocorrente, sobretudo em razão da complexidade da criminalidade e do avanço da tecnologia da informação. Tramita em processo legislativo, anteprojeto de reforma da Lei acima citada. Neste, há a previsão de descobertas inusitadas, entretanto, apenas nas hipóteses que a doutrina convencionou chamar de conhecimentos de investigação. A Lei que poderá vingar silencia, novamente, quanto à hipótese do encontro fortuito propriamente dito. A partir da análise do direito constitucional ao sigilo, do princípio da proporcionalidade como alternativa à solução de conflitos de direitos fundamentais, da prova em processo penal, será apresentado o conceito do encontro fortuito e as possíveis conseqüências jurídicas de sua aplicação na efetivação do processo como prova lícita. O método será dogmático-prospectivo na perspectiva de análise da doutrina nacional e estrangeira bem como da jurisprudência nacional. A dissertação propõe compreensão de lege lata para adequar a legislação brasileira, adotando, contudo, também como referencial Anteprojeto de Lei de iniciativa do Ministério da Justiça.

Traditional solutions to information security in communication systems act in the application layer and are oblivious to the effects in the physical layer. Physical-layer security methods, of which information-theoretic security is a special case, try to extract security from the random effects in the physical layer. In information-theoretic security, there are two asymptotic notions of secrecy---weak and strong secrecy This dissertation investigates the problem of information-theoretic strong secrecy on the binary erasure wiretap channel (BEWC) with a specific focus on designing practical codes. The codes designed in this work are based on analysis and techniques from error-correcting codes. In particular, the dual codes of certain low-density parity-check (LDPC) codes are shown to achieve strong secrecy in a coset coding scheme. First, we analyze the asymptotic block-error rate of short-cycle-free LDPC codes when they are transmitted over a binary erasure channel (BEC) and decoded using the belief propagation (BP) decoder. Under certain conditions, we show that the asymptotic block-error rate falls according to an inverse square law in block length, which is shown to be a sufficient condition for the dual codes to achieve strong secrecy. Next, we construct large-girth LDPC codes using algorithms from graph theory and show that the asymptotic bit-error rate of these codes follow a sub-exponential decay as the block length increases, which is a sufficient condition for strong secrecy. The secrecy rates achieved by the duals of large-girth LDPC codes are shown to be an improvement over that of the duals of short-cycle-free LDPC codes.

Electronic surveillance for foreign intelligence purposes was largely unregulated prior to 1978. The Foreign Intelligence Surveillance Act of 1978 (hereinafter "FISA") was enacted to implement a judicial authorization process for foreign intelligence electronic surveillance that would effectively balance competing needs for national security and civil liberty under the Fourth Amendment. This study examines the evolution of FISA and its effectiveness under the Fourth Amendment, as assessed by federal reviewing courts and scholars since the statute's enactment. The study concludes that the FISA electronic surveillance authorization process has been effective in providing a constitutional mechanism to obtain foreign intelligence information.

通訊監察區分為「犯罪通訊監察」及「情報通訊監察」二大種類，犯罪通訊監察須針對特定犯罪活動而為之偵查行為，而情報通訊監察則係針對外國勢力及其工作人員危害國家安全之行為而為國家預警情報作為。世界各民主先進國家在將通訊監察法治化及透過實際案例之修正後，逐步建立起類似之通訊監察立法通則，如比例原則、令狀原則監察、透明化、保護隱私權益、重罪原則、特定性、補充性原則等，幾已成為犯罪通訊監察法治不可違逆之普世價值； 然在情報通訊監察部分，各國則因歷史背景之不同，其情報通訊監察法治發展是不一而足，其法律保留、授權密度、證據能力、救濟及監督方式皆大相逕庭。 我國情報通訊監察規範於民國88年與犯罪通訊監察一併規範於「通訊保障及監察法」中，條文規範略嫌簡略，依據民國100年修正之國家情報工作法，立法政策將朝向情報通訊監察單獨立法邁進。 為探討我國情報通訊監察制度之現存問題，本文研究分析美國「外國情報通訊監察法（The Foreign Intelligence Surveillance Act of 1978,FISA）」及德國「G10法（Gesetz zur Beschränkung des Brief-, Post- und Fernmeldegeheimnisses,Gesetz zu Artikel 10 Grundgesetz – G10）」之情報通訊監察法治，與我國現行規範加以比較，並對未來設立專法提出建議。 / Electronic surveillance can be divided into criminal surveillance and intelligence surveillance. Different from the intelligence surveillance, criminal surveillance should be solely engaged in for specific criminal law enforcement purposes. Intelligence surveillance is directed at the acquisition of the contents of communications transmitted by means of communications used between or among foreign powers for the purpose of national security. Through the electronic surveillance legalization process of the advanced democracy countries, we can summarize a few principles such as the principle of proportionality, warrant, privacy, felony, particularity and complementarity which have became the universal value of the criminal surveillance. Nevertheless, the development of the intelligence surveillance in each country is by no means an isolated case because of the different background. They are different from law reservation, the intensity of judicial review, admissibility and judicial remedy, etc. In 1999, the rules of intelligence surveillance were regulated in Communication Protection and Monitoring Law with criminal surveillance, and the regulations of the intelligence surveillance are sort of incomplete. According to the amendment of the National Intelligence Services Law of 2011, the independent legislation of intelligence surveillance is imperative in future. In order to solve the problems of intelligence surveillance in Taiwan, the thesis introduced and compared the “The Foreign Intelligence Surveillance (FISA)” in the U.S.A, and the “Gesetz zur Beschränkung des Brief-, Post- und Fernmeldegeheimnisses,Gesetz zu Artikel 10 Grundgesetz (G10)”in Germany with the Communication Protection and Monitoring Law in Taiwan. Hopefully the thesis could provide the directions of the independent legislation of intelligence surveillance in future.