Obtaining a List of Subscriber’s Phone Calls – Controversies in the Work of National Security Systems

Abstract

The need to conduct this research emerged due to vagueness relating to who has the authority to issue a warrant, and whether it is, in the frst place, necessary to have a warrant for obtaining the report on outgoing and incoming calls from/to subscriber’s phone number (slang – “metering”), and for what purposes – preventive or solely repressive. The paper presents some theoretical and practical aspects, as well as criminalistic-security aspect of the “metering” problem in the country and abroad. Starting premise in writing the paper is that it is necessary to concretely and unambiguously prescribe, with particular provision of Criminal Proceedings Legislation, the measure of obtaining the list of subscriber’s outgoing and incoming phone calls in fixed, mobile and any other form of communication. Possibilities of misuse and different interpretation of provisions that are considered to imply the use of metering, are large.