Europol Faces ‘Serious Challenge for Lawful Interception’ With Mobile Roaming Networks
Europol's recent paper sheds light on formidable challenges posed by Privacy Enhancing Technologies (PET) in Home Routing systems. These technologies, aimed at safeguarding user privacy, inadvertently hinder law enforcement agencies (LEAs) from intercepting communications originating from foreign SIM cards.
Home Routing allows for service providers to continue providing services to paying customers even after they have travelled abroad. This limitation not only impedes investigations involving foreign nationals but also complicates cases where citizens use foreign SIM cards domestically.
The new paper details how this technology could potentially delay or even prevent lawful access to evidence in serious criminal cases.
Europol Details Home Routing Intervention Challenges
The Europol paper states that the core issue lies in the implementation of Privacy Enhancing Technologies (PET) within Home Routing of telecommunication network. When PET is enabled, the visiting network can't access encryption keys used by the home network, making it impossible to retrieve unencrypted data. This creates a roadblock for LEAs, as they can no longer intercept communications from foreign SIM cards without cooperation from the home country's service provider. The inability to intercept communications from foreign SIM cards affects not only investigations of foreign nationals but also cases involving citizens using foreign SIM cards in their own country. This limitation extends beyond simple inconvenience:- LEAs become dependent on cooperation from service providers in the suspect's home country.
- Domestic interception orders can't be enforced across borders.
- European Investigation Orders, while available, can take up to 120 days – too long for urgent cases.
Proposed Solutions to Home Routing
To address these issues, potential solutions must balance maintaining investigatory powers with protecting secure communications and the confidentiality of criminal investigations. The solutions outlined in the paper range from disabling the Privacy Enhancing Technologies (PET) in Home Routing networks, creation of a new legal framework to allow domestic law enforcement agencies to request the interception of a suspect's communication in the territory of another member state within the EU coupled with a common interface to interpret these laws and regulations across borders. The paper details these two potential approaches as solutions to navigate these challenges: 1. Legally mandating the disabling of PET in Home Routing:- Maintains current security levels and law enforcement capabilities
- Allows domestic service providers to execute interception orders for foreign SIM cards
- Technically feasible and easily implemented
- Preserves privacy at the same level as communication via national SIM cards
- Allows LEAs to request interception from service providers in other EU member states
- Maintains PET for all users
- Requires development of cross-border standards and interfaces
- May compromise operational security by revealing persons of interest to foreign entities