Anti-Terrorism Act - IRR - Surveillance and Recording of Communication.pptx

This serves as guide for the surveillance and recording of the communications based on the law itself

1. Anti-Terrorism Act - IRR Lecture Surveillance and Recording of Communications

2. Surveillance under the IRR. refer to the act of tracking down, following, or investigating individuals or organizations,* or the tapping, listening, intercepting, and recording of messages, conversations, discussions, spoken or written words, including computer and network surveillance, and other communications of individuals engaged in terrorism. Surveillance and Recording

3. RA 4200 Wire Tapping Law – prohibits wire tapping of private communications. ATA – allowed wire tapping of private communications under certain requirements under the law. Surveillance and Recording

4. Requirements of Permissible SIR: written order of the Court of Appeals known as “Judicial Authorization”; to be conducted by a law enforcement agent or military personnel; to secretly wiretap, overhear and listen to, intercept, screen, read, surveil , record, or collect; any private communications, conversation, discussion/s, data, information, messages in whatever form, kind, or nature, or spoken or written words; Between proscribed terrorist, designated terrorist under Sec 3(e) of RA 10168, and person charged or suspected terrorist. Surveillance and Recording

5. Requirements for Judicial Authorization. Ex-parte Application for JA filed by a law enforcement agent or military personnel; with written authority of the ATC; the applicant shall be designated by the head of their office/agency; in cases of extreme and urgent situations, grounds for such assessment must be specified; probable cause:- sec. 4-12 has been committed, or is being committed, or is about to be committed; evidence to conviction, or solution or prevention of such crimes will be obtained. Surveillance and Recording

6. Requirements for Judicial Authorization. Examination and Determination of the Court of Appeals:- examination under oath or affirmation of the applicant and witnesses; determination of probable cause:- sec. 4-12 has been committed, or is being committed, or is about to be committed; evidence to conviction, or solution or prevention of such crimes will be obtained. Surveillance and Recording

7. Contents of the Order of the CA. Identity of the subject of surveillance activities; Electronic transmission system or telephone numbers, radio, electronic or telephonic communications; Locations of the said electronic transmission system or telephone numbers; Identity of all law enforcement or military personnel authorized to conduct surveillance activities; Offense/s committed, or being committed, or sought to be prevented; and Length of time the authorization shall be used. Surveillance and Recording

8. Effective period of Judicial Authorization, The length of time specified in the Order which shall not exceed 60 days from date of receipt of the written order by the applicant. Extension or renewal of the written order: Non-extendible period of 30 days from expiration of the original period; Surveillance and Recording

9. Requirements for extension or renewal… Ex-parte application for extension must be filed by the original applicant. In case of death, next-in-rank in the team; Renewal or Extension is authorized in writing by the ATC; Court of Appeals is satisfied that extension or renewal is for public interest. Surveillance and Recording

10. Action to remember after expiration of JAU. 48 hours deposit; 30 days filing. 48 Hours Deposit. All tapes, discs, other storage devices, recordings, notes, memoranda, summaries, excerpts, and all copies obtained be deposited in the issuing Court, in sealed envelop or package, within 48 hours upon the lapse period fixed in the JAU or extension JAU, accompanied by Joint Affidavit executed by all members of law enforcement or military personnel. Surveillance and Recording

11. Contents of the Joint Affidavit. Number of tapes, discs, and recordings that have been made; Dates and times covered by each of such tapes, discs, and recordings; Chain of custody or the list of persons who had possession or custody; and To certify that no duplicates or copies of the whole or any part of any such tapes, discs, other storage devices, recordings, notes, memoranda, summaries, or excerpts have been made, or if made all duplicates and copies are included in the deposits. Surveillance and Recording

12. 30 days filing: within 30 after the lapse of the period of JAU; the law enforcement officer or military personnel; to file before the Prosecutors Office appropriate case/s for violation of ATA; to notify or inform the CA of filing or non-filing of case stating the reason for non-filing. Surveillance and Recording

13. Opening or disclosure of deposited materials: General rule: shall not be disclosed or used as evidence. Exception: unless authorized by written order of the CA upon written application to open, reveal, divulge, and use the contents of the sealed envelop or several package as evidence by the DOJ; the application shall be authorized in writing by the ATC; With prior notice in writing shall be furnished to the person subject of the surveillance activities. Surveillance and Recording

14. Classification of Deposited Materials. The sealed envelope or package and the contents thereof shall be deemed and declared “CLASSIFIED INFORMATION” Surveillance and Recording

15. Evidentiary value of deposited materials. If secure in violation of the ATA: inadmissible as evidence as against anybody in any judicial or non-judicial bodies. admissible against the erring law enforcement or military personnel, but only for the purpose of proving the unauthorized surveillance activities. Surveillance and Recording

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