Judicial requisitions to the electronic communications operator - public service delegatee

The Order of the Secretary of State for Justice, Director of Judicial Services no. 2023-24 of 6 July 2023 relating to the interception of calls, real-time location and the supply of data relating to the identification of persons benefiting from or using the services provided by the electronic communications operator, the technical characteristics of the communications provided by the latter and the location of terminal equipment (JDM no. 8651 of 14 July 2023) will come into force on 1 January 2024.

* * *

Order no. 2023-24 guarantees that the electronic communications operator delegated to provide the public service ("the operator") will be fairly remunerated for the services and resources used to respond to judicial requests relating to :

• the provision of data relating to the identification of persons benefiting from or using the services provided, the technical characteristics of the communications provided by the operator and the location of terminal equipment;
• real-time location ;
• the interception of correspondence sent by electronic communications.

The services likely to be provided by the operator are predefined in the Appendix:

• Information enabling the user to be identified: on the basis of the call number, SIM card number, name or company name and filter on other criteria (e.g. date of birth, RCI); mobile subscriber identifier; means of payment on the basis of a call number or SIM card; call number allocation history, call number search (operator and customer identification if possible); copy of the subscription contract and attached documents; copy of invoices; time-stamped IP address of the subscriber or the company name using the resource;
• Technical characteristics as well as the date, time and duration of each call: details of traffic in the Principality for a subscriber or terminal
  with the location of the terminal equipment accompanied by the address (postal or geographical position) of the telephone relay (cell) via which the communications were initiated; details of traffic outside the Principality; details of traffic within the Principality in one or more telephone relays (cells) determined from a geographical location (theoretical optimum coverage);
• Interception: real-time delivery of calls and SMS sent and received on the network;
• Presence alert: real-time detection of the presence on the network of one or more subscribers identified by call number or mobile subscriber identifier or a mobile equipment number (over a given period of a maximum of 2 months, any renewal being subject to a new requisition, the procedure being interrupted by a waiver requisition).

Order no. 2023-24 also sets up a liaison committee with the operator, whose role is to:

• set the operator's fair remuneration on an annual basis;
• define and monitor the technical development of the systems put in place by the operator to respond to judicial requests;
• monitor and deal with any technical and/or operational difficulties in responding to judicial requests;
• define the requirements for upgrading the services provided by the operator in response to judicial requisitions;
• validate the choices made by the operator.

* * *

Texts

• Criminal Code: Book III, Section V. Operators and service providers responsible for operating telecommunications and electronic communications networks and services (articles 389-11-1, 389-11 2, 389-11-4 and 389-11-5);
• Code of Criminal Procedure: Book I, Title V bis. Preliminary investigation, Section II. Acts of investigation, Section II. Special investigation techniques (articles 81-6-1, 106-1 to 106-11 and 106-16-1 to 106-16-5);
• Concession contract for the public electronic communications service on the territory of the Principality of Monaco dated 26 September 2022 concluded between the State and the electronic communications operator delegated to provide the public service.