On March 27, ANRCTI issued a decision amending Decision nr.1333/2003 of the president of the National Regulatory Authority for Communications on the legal status of general authorization for the supply of electronic networks and communication services. The decision was issued based on the Decision of the High Council for National Defense on March 25, 2008, amending, urgently, the technical conditions for the legal interception of communications, set through the legal status of general authorization for the supply of electronic networks and communication services.
According to the decision, "the supplier of networks or electronic communication services will make available to national communications interception authorities, appointed in accordance with effective legal provisions, the management servers for the interception and the administration consoles it holds in view of providing the legal communications interception function."
"The network or electronic communications supplier has the obligation to grant technical support to national authorities in charge with communications interception, enabling them to perform their attributions, and will cooperate with this authority for the application of the criteria for the securing and auditing of the national system for communications interception, developed by them," the decision states.
According to the same document, "the supplier of networks or electronic communication services has the obligation to take all measures necessary for the immediate application of the authorizations or mandates for the interception of communications, issued in accordance with the law."
ANRCTI mentioned that, according to Law nr. 415 on June 27, 2002 on the organization and functioning of the High Council for National Defense (CSAT), this institution "issues decisions, according to the law, that are binding for the public administration authorities and the public institutions it refers to."
The CSAT decision on March 25, 2008 was communicated exclusively to institutions concerned, as they have an obligation to apply it immediately. The CSAT decision is classified, and its contents cannot be published by ANRCTI, the authority mentioned.
"We can only state that the ANRCTI decision amending the legal status of general authorization brought some technical specifications regarding the legal interception of communications, as communications service and network suppliers have the obligation to allow concerned public authorities to intercept communications performed, as well as the obligation to cover the costs connected to the interception interface, in accordance with the law," ANRCTI said.
According to the quoted source, "the suppliers were and still are obligated to insure confidentiality for the interception operations through their own system, based on special legislation in the area of classified information protection and to supply the concerned public authorities with all technical data regarding interception operations, in the format set by the authorities, given the technological advancements in the area."
When asked by MEDIAFAX if they have applied the ANRCTI decision, GSM operators Orange Romania and Vodafone Romania stated they uphold the law.