LawfulInterceptCaseStudy

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1、1 2002,Cisco Systems,Inc.All rights reserved.Session NumberPresentation_IDLawful Intercept Case StudyHarvard Law SchoolNovember 12,20032 2 2 2002,Cisco Systems,Inc.All rights reserved.Presentation_IDOutlineBrief Summary of the“Case”and Your RoleOverview of Relevant TechnologiesYour Guidance to the C

2、ompany 3 3 3 2002,Cisco Systems,Inc.All rights reserved.Presentation_IDSummaryIn-house counsel for an IP-based network equipment manufacturerResponsible for the companys legal strategy on lawful interceptCompany is looking for guidance(legal,PR,regulatory)regarding the best approach to LI in the pos

3、t 9/11 worldNeed to respond to customer requests for information and contractual protection4 4 4 2002,Cisco Systems,Inc.All rights reserved.Presentation_IDTraditional Local Exchange Carrier(LEC)ArchitectureSS7CentralOfficeSwitchesTandemSwitches5 5 5 2002,Cisco Systems,Inc.All rights reserved.Present

4、ation_IDVoice over IP(VoIP)Voice is carried as a digital signal to an Aggregation Device over a common pipeInformation is carried as packetsResources are shared between data types and other subscribers.Packets to same address may follow different routesEliminates the need for separate networks and i

5、nfrastructure for different forms of communication(voice,data,video)Convergence!Information is routed based on its final destination.Voice and signaling follow separate paths6 6 6 2002,Cisco Systems,Inc.All rights reserved.Presentation_IDTypical VoIP ArchitectureInternetAggregationRouterCustomer Pre

6、miseIADIADSS7 Call Control Entity911OperatorServicesLocalExchangeCarrier(LEC)IntereXchangeCarrier(IXC)PBXTrunkingGatewayTrunkingGatewayAggregationRouterIADIADPBXCoreRouterIP SwitchInternet GatewayRouter7 7 7 2002,Cisco Systems,Inc.All rights reserved.Presentation_IDGeneral Questions1/3Do we see more

7、 similarities or differences among the three countrys approaches to lawful intercept?What might be some reasons for these differences and/or similarities?What are some of the ways that these differences and/or similarities might impact your companys legal and technical approach?8 8 8 2002,Cisco Syst

8、ems,Inc.All rights reserved.Presentation_IDGeneral Questions2/3What are some of the risks for your company under these laws(e.g.fines,lawsuits)?What steps can and should you take to protect your company from them?9 9 9 2002,Cisco Systems,Inc.All rights reserved.Presentation_IDGeneral Questions3/3How

9、 should your company engage with relevant government agencies?Actively and openly?Equally across all countries or just the most strident?Should you let your customers do it instead of you?What factors you should consider in making this determination?101010 2002,Cisco Systems,Inc.All rights reserved.

10、Presentation_ID“Managed Services”ScenarioYour company has one product that can be used both by private enterprises for their corporate voice network and by public service providers to deliver managed voice services.In the latter case,the product can either sit on the customers premise or the on the

11、service providers site in their central office.The team developing this product within your company wants to know whether they are“legally required”to build LI functionality into this product,and if not,whether there are some other(non-legal)reasons that they should.What advice do you give them?1111

12、11 2002,Cisco Systems,Inc.All rights reserved.Presentation_IDManaged Services ScenarioThings to consider:1.Does this qualify as a“public”or“private”network service?Or both?Is the answer the same for all countries?Is this a relevant question in all countries?2.Is this functionality“legally required”i

13、n any country?Is that even a relevant question?If not,what are the risks,if any,of not building this functionality into the product?3.How would you communicate with your customers on this issue?121212 2002,Cisco Systems,Inc.All rights reserved.Presentation_IDContract NegotiationsDuring negotiations

14、on a sales contract with one of your global service provider customers they demand that you include a guarantee that all of your products are“LI-compliant”on a world-wide basis.They suggest that breach of this guarantee would result in liquidated damages.They also ask you to indemnify them for any p

15、enalties they might suffer for non-compliance with a particular countrys LI laws.How would you handle this?131313 2002,Cisco Systems,Inc.All rights reserved.Presentation_IDContract NegotiationsThings to Consider:1.Do you have any legal obligation to make this promise?2.How do you analyze their reque

16、st for liquidated damages?What should the amount be,if any?Is money the customers“sole remedy”?3.What about other vendors products in the network?Do you have complete control over the network design?4.What is the“true”risk to your company of a breach?5.Is there anything you should try to get in return for this promise?141414 2002,Cisco Systems,Inc.All rights reserved.Presentation_IDQuestions?Feel free to email me at: