Digital Surveillance--CALEA

"The Communications Assistance for Law Enforcement Act (CALEA, P.L. 103- 414, 47 USC 1001-1010), enacted October 25, 1994, is intended to preserve the ability of law enforcement officials to conduct electronic surveillance effectively and efficiently despite the deployment of new digital technologies and wireless services that have altered the character of electronic surveillance. CALEA requires telecommunications carriers to modify their equipment, facilities, and services, wherever reasonably achievable, to ensure that they are able to comply with authorized electronic surveillance actions. The modifications, originally planned to be completed by 1998, have been delayed due to disagreements among the telecommunications industry, law enforcement agencies, and privacy rights groups, over equipment standards, and other technical issues. Disagreements over amount of federal funds to be provided to the telecommunications carriers for CALEA implementation, which carriers are eligible to receive those funds, and privacy concerns, have also impeded implementation. After receiving petitions from the industry and the Federal Bureau of Investigation (FBI) over the dispute, the Federal Communications Commission (FCC) in 1999 ruled in favor of most of the FBI's requests. This decision resulted in lawsuits being filed by industry and privacy rights groups. In August 2000, a federal appeals court upheld parts of the FCC's decision, but remanded most of it for reconsideration. Since that time, the FCC established June 30, 2002, as the final CALEA compliance date, but it has granted numerous waivers and full CALEA implementation remains incomplete."

"The Communications Assistance for Law Enforcement Act (CALEA, P.L. 103- 414, 47 USC 1001-1010), enacted October 25, 1994, is intended to preserve the ability of law enforcement officials to conduct electronic surveillance effectively and efficiently despite the deployment of new digital technologies and wireless services that have altered the character of electronic surveillance. CALEA requires telecommunications carriers to modify their equipment, facilities, and services, wherever reasonably achievable, to ensure that they are able to comply with authorized electronic surveillance actions. The FBI and other law enforcement agencies, the FCC, and Congress are all actively addressing CALEA-related concerns. On March 10, 2004, the FBI, the Department of Justice and the Drug Enforcement Administration petitioned the FCC to identify additional telecommunications services not identified specifically within CALEA that should be subject to it. In response to the petition and after considering the comments and replies from interested parties, the FCC released a Notice of Proposed Rulemaking (NPRM) and declaratory ruling on August 4, 2004. In the NPRM, the FCC drew a number of tentative conclusions regarding CALEA applicability; addressed compliance issues; and developed a proposal for implementation costs and time frame. Comments and replies to the NPRM were due November 8 and December 7, 2004, respectively. Accompanying the NPRM was a declaratory ruling in which the FCC clarifies that commercial wireless 'push-to-talk' services are subject to CALEA, regardless of the technologies that wireless providers choose to apply in offering them."

"The Communications Assistance for Law Enforcement Act […], enacted October 25, 1994, is intended to preserve the ability of law enforcement officials to conduct electronic surveillance effectively and efficiently despite the deployment of new digital technologies and wireless services that have altered the character of electronic surveillance. CALEA requires telecommunications carriers to modify their equipment, facilities, and services, wherever reasonably achievable, to ensure that they are able to comply with authorized electronic surveillance actions. Since 2004, the Federal Communications Commission (FCC) has been considering a number of questions as to how to apply CALEA to new technologies, such as Voice over Internet Protocol (VoIP). […]. In May 2006, the FCC addressed several outstanding issues regarding CALEA implementation. Among other clarifications, the FCC (1) affirmed its May 14, 2007 compliance deadline for facilities-based broadband Internet access and interconnected VoIP services, and clarified that the date applied to all such providers; (2) explained that the FCC does not plan to intervene in the standards-setting process in this matter; (3) permitted telecommunications carriers the option of using Trusted Third Parties to assist in meeting their CALEA obligations; (4) restricted the availability of compliance extensions to equipment, facilities, and services deployed prior to October 25, 1998; (5) found that the FCC may enforce action under section 229(a) of the Communications Act against carriers that fail to comply with CALEA; and (6) concluded that carriers are responsible for CALEA development and implementation costs for post-January 1, 1995, equipment and facilities […]."

"The Communications Assistance for Law Enforcement Act (CALEA, P.L. 103- 414, 47 USC 1001-1010), enacted October 25, 1994, is intended to preserve the ability of law enforcement officials to conduct electronic surveillance effectively and efficiently despite the deployment of new digital technologies and wireless services that have altered the character of electronic surveillance. CALEA requires telecommunications carriers to modify their equipment, facilities, and services, wherever reasonably achievable, to ensure that they are able to comply with authorized electronic surveillance actions...Among other clarifications, the FCC (1) affirmed that the CALEA compliance deadline for facilities-based broadband Internet access and interconnected VoIP services will be May 14, 2007, and clarified that the date will apply to all such providers; (2) explained that the FCC does not plan to intervene in the standards setting process in this matter; (3) permitted telecommunications carriers the option of using Trusted Third Parties to assist in meeting their CALEA obligations; (4) restricted the availability of compliance extensions to equipment, facilities, and services deployed prior to October 25, 1998; (5) found that the FCC may enforce action under section 229(a) of the Communications Act against carriers that fail to comply with CALEA; and (6) concluded that carriers are responsible for CALEA development and implementation costs for post-January 1, 1995, equipment and facilities, and declined to adopt a national surcharge to recover CALEA costs."

"The Communications Assistance for Law Enforcement Act (CALEA, P.L. 103- 414, 47 USC 1001-1010), enacted October 25, 1994, is intended to preserve the ability of law enforcement officials to conduct electronic surveillance effectively and efficiently despite the deployment of new digital technologies and wireless services that have altered the character of electronic surveillance. CALEA requires telecommunications carriers to modify their equipment, facilities, and services, wherever reasonably achievable, to ensure that they are able to comply with authorized electronic surveillance actions. The modifications, originally planned to be completed by 1998, have been delayed due to disagreements among the telecommunications industry, law enforcement agencies, and privacy rights groups, over equipment standards, and other technical issues. Disagreements over amount of federal funds to be provided to the telecommunications carriers for CALEA implementation, which carriers are eligible to receive those funds, and privacy concerns, have also impeded implementation. After receiving petitions from the industry and the Federal Bureau of Investigation (FBI) over the dispute, the Federal Communications Commission (FCC) in 1999 ruled in favor of most of the FBI's requests. This decision resulted in lawsuits being filed by industry and privacy rights groups. In August 2000, a federal appeals court upheld parts of the FCC's decision, but remanded most of it for reconsideration. Since that time, the FCC established June 30, 2002, as the final CALEA compliance date, but it has granted numerous waivers and full CALEA implementation remains incomplete."