(computer underground digest - 2/17/98) Congress enacted the Communications Assistance for Law Enforcement Act (CALEA) - popularly called the 'digital telephony'law - in 1994. The FBI is now trying to use the law to require special surveillance features in the nation's land-based and wireless telephone systems. Telephone companies have yielded to some of the FBI's demands and have resisted others, but now face pressure to compromise further.
* Under pressure from the FBI, the wireless phone industry has agreed to provide law enforcement with the capability to track the location of cellular phone users.
* The telephone industry has also agreed that carriers using increasingly common 'packet switching' protocols may provide to the government the full content of customer communications even though the government is only legally authorized to intercept the less sensitive addressing data that indicates who is calling whom.
Despite these concessions, the FBI remains unsatisfied with the industry's proposed compliance plan. The FBI continues its push for additional surveillance features, including the ability to --
* continue monitoring parties on a conference call after the subject of the wiretap order has dropped off the call;
* collect detailed information identifying each party on a call, including parties not the subject of investigation; and
* receive instant notification when a customer has a voice mail waiting or makes any changes in service.
The FBI also has proposed requiring carriers to install capacity for far more surveillances than ever before. See http://www.cdt.org/digi_tele/970218_comments.html.
Industry - FBI Negotiations: Government Seeks Something for Nothing
Congress set October 25, 1998 as the deadline for complying with CALEA. It has been clear for some time that the deadline can't be met: the FBI's insistence on adding surveillance functions outside the scope of the law snarled the process of drafting technical standards. Congress foresaw that compliance might take longer than expected, so it gave companies the right to seek delays from the FCC or the courts.
The FBI, however, is offering carriers special extensions (called 'forbearances') if they agree to develop the additional surveillance capabilities. Since the carriers are *already* entited to an extension of time under CALEA, the FBI's negotiating ploy is seeking something for nothing. Manufacturers or carriers may be tempted to accept the offer to avoid the cost of litigation. They would do so, however, at the expense of privacy and control over network design.
In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only.
[posted Sat, Jan 23, 1999]
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