4 4.4 Chapter 4.4 Surveillance: Lawful Interception & Other Surveillance Methods In this Chapter: A. Context • Lawful Interception and Other Surveillance Methods • History of Surveillance in Myanmar • Legal Framework in Myanmar B. Field Assessment Findings C. Recommendations for ICT Companies • General • Tower Construction • Infrastructure • Telecommunications Operators • ‘Over the Top’ Companies (National and International) • Software D. Relevant International Standards and Guidance on Surveillance and Lawful Interception Issues A. Context Lawful Interception and Other Surveillance Methods Governments have legitimate reasons to initiate surveillance of a person’s communications i.e. intercept or monitor the communications of certain individuals or organisations. For example, the target may be legitimately suspected of planning to commit or having committed a serious crime, such as a terrorist act. There are two ways a person’s communciations can be put under surveillance:  Interception of the content of communications in real time (known as lawful interception); or  Access to other, historical user data (known as ‘communications data’). Lawful interception is permitted in most countries under legal statute in order to assist with criminal investigations, prosecute serious crime, or prevent national security emergencies. Usually, a telecommunications operator collects intercepted communications of private individuals or organisations, and then provides law enforcement officials with access. Lawful interception refers to the interception of, or access to, a person’s communications in real time, as the communication is taking place.  Content refers to what was said during a phone call or what can be read in the content of an email or other type of digital message. Interception of content, 166 PAGE CHAPTER 4.4: SURVEILLANCE – LAWFUL INTERCEPTION & OTHER SURVEILLANCE METHODS