Lawful interception obligations have again been brought into focus after the terrorist attacks occurring in Paris on 13 November 2015 in which 130 people lost their lives.
President François Hollande announced that France’s military resources and capabilities would be significantly reinforced. He identified intelligence, surveillance and reconnaissance as top priorities. In the French defense budget for 2016 the amount attributed to the military space sector is expected to reach 498.1 million euros ($561.98 million), compared with 152.2 million euros ($171.2 million) in 2015.
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The United Kingdom is in the process of legislating a new framework of control over the interception of communications and other powers to access communications data. The Investigatory Powers Bill, introduced to Parliament on March 1, aims to give an increased level of transparency and accountability to the use of U.K. government surveillance powers, while introducing new and extended powers.
In a perfect world, in relation to cross-border satellite services, the circumstances in which one country would allow interception on its territory would mirror the circumstances in which another country could require interception by an operator providing services in its territory. But this is rarely the case; giving rise to the possibility of satellite operators being caught in a collision between the requirements and prohibitions in different countries.
Direct requests to operators could be a more efficient alternative to current MLAT processes, which take on average around 10 months. However a framework enabling direct requests would have to overcome significant disparities in the standards and procedures applicable to warrants and similar requests in each country. Satellite operators would be encouraged to engage with competent bodies in countries where there may be conflicting requirements in order to reach a resolution. VS
Joanne Wheeler is a Partner at Olswang.
