https://urgentcomm.com/wp-content/themes/ucm_child/assets/images/logo/footer-new-logo.png
  • Home
  • News
  • Multimedia
    • Back
    • Multimedia
    • Video
    • Podcasts
    • Galleries
  • Commentary
    • Back
    • Commentary
    • Urgent Matters
    • View From The Top
    • All Things IWCE
    • Legal Matters
  • Resources
    • Back
    • Resources
    • Webinars
    • White Papers
    • Reprints & Reuse
  • IWCE
    • Back
    • IWCE
    • Conference
    • Special Events
    • Exhibitor Listings
    • Premier Partners
    • Floor Plan
    • Exhibiting Information
    • Register for IWCE
  • About Us
    • Back
    • About Us
    • Contact Us
    • Advertise
    • Terms of Service
    • Privacy Statement
    • Cookies Policy
  • Related Sites
    • Back
    • American City & County
    • IWCE
    • Light Reading
    • IOT World Today
    • Mission Critical Technologies
    • Microwave/RF
    • T&D World
    • TU-Auto
  • In the field
    • Back
    • In the field
    • Broadband Push-to-X
    • Internet of Things
    • Project 25
    • Public-Safety Broadband/FirstNet
    • Virtual/Augmented Reality
    • Land Mobile Radio
    • Long Term Evolution (LTE)
    • Applications
    • Drones/Robots
    • IoT/Smart X
    • Software
    • Subscriber Devices
    • Video
  • Call Center/Command
    • Back
    • Call Center/Command
    • Artificial Intelligence
    • NG911
    • Alerting Systems
    • Analytics
    • Dispatch/Call-taking
    • Incident Command/Situational Awareness
    • Tracking, Monitoring & Control
  • Network Tech
    • Back
    • Network Tech
    • Interoperability
    • LMR 100
    • LMR 200
    • Backhaul
    • Deployables
    • Power
    • Tower & Site
    • Wireless Networks
    • Coverage/Interference
    • Security
    • System Design
    • System Installation
    • System Operation
    • Test & Measurement
  • Operations
    • Back
    • Operations
    • Critical Infrastructure
    • Enterprise
    • Federal Government/Military
    • Public Safety
    • State & Local Government
    • Training
  • Regulations
    • Back
    • Regulations
    • Narrowbanding
    • T-Band
    • Rebanding
    • TV White Spaces
    • None
    • Funding
    • Policy
    • Regional Coordination
    • Standards
  • Organizations
    • Back
    • Organizations
    • AASHTO
    • APCO
    • DHS
    • DMR Association
    • ETA
    • EWA
    • FCC
    • IWCE
    • NASEMSO
    • NATE
    • NXDN Forum
    • NENA
    • NIST/PSCR
    • NPSTC
    • NTIA/FirstNet
    • P25 TIG
    • TETRA + CCA
    • UTC
Urgent Communications
  • NEWSLETTER
  • Home
  • News
  • Multimedia
    • Back
    • Video
    • Podcasts
    • Omdia Crit Comms Circle Podcast
    • Galleries
    • IWCE’s Video Showcase
  • Commentary
    • Back
    • All Things IWCE
    • Urgent Matters
    • View From The Top
    • Legal Matters
  • Resources
    • Back
    • Webinars
    • White Papers
    • Reprints & Reuse
    • UC eZines
    • Sponsored content
  • IWCE
    • Back
    • Conference
    • Why Attend
    • Exhibitor Listing
    • Floor Plan
    • Exhibiting Information
    • Join the Event Mailing List
  • About Us
    • Back
    • About Us
    • Contact Us
    • Advertise
    • Terms of Service
    • Privacy Statement
    • Cookies Policy
  • Related Sites
    • Back
    • American City & County
    • IWCE
    • Light Reading
    • IOT World Today
    • TU-Auto
  • newsletter
  • In the field
    • Back
    • Internet of Things
    • Broadband Push-to-X
    • Project 25
    • Public-Safety Broadband/FirstNet
    • Virtual/Augmented Reality
    • Land Mobile Radio
    • Long Term Evolution (LTE)
    • Applications
    • Drones/Robots
    • IoT/Smart X
    • Software
    • Subscriber Devices
    • Video
  • Call Center/Command
    • Back
    • Artificial Intelligence
    • NG911
    • Alerting Systems
    • Analytics
    • Dispatch/Call-taking
    • Incident Command/Situational Awareness
    • Tracking, Monitoring & Control
  • Network Tech
    • Back
    • Cybersecurity
    • Interoperability
    • LMR 100
    • LMR 200
    • Backhaul
    • Deployables
    • Power
    • Tower & Site
    • Wireless Networks
    • Coverage/Interference
    • Security
    • System Design
    • System Installation
    • System Operation
    • Test & Measurement
  • Operations
    • Back
    • Critical Infrastructure
    • Enterprise
    • Federal Government/Military
    • Public Safety
    • State & Local Government
    • Training
  • Regulations
    • Back
    • Narrowbanding
    • T-Band
    • Rebanding
    • TV White Spaces
    • None
    • Funding
    • Policy
    • Regional Coordination
    • Standards
  • Organizations
    • Back
    • AASHTO
    • APCO
    • DHS
    • DMR Association
    • ETA
    • EWA
    • FCC
    • IWCE
    • NASEMSO
    • NATE
    • NXDN Forum
    • NENA
    • NIST/PSCR
    • NPSTC
    • NTIA/FirstNet
    • P25 TIG
    • TETRA + CCA
    • UTC
acc.com

content


The goddess CALEA

The goddess CALEA

Schwaninger, MRT's regulatory consultant, is the principal in the law firm of"And it came to pass that the centurions of the Federal Bureau of Investigation
  • Written by Urgent Communications Administrator
  • 1st June 1999

Schwaninger, MRT’s regulatory consultant, is the principal in the law firm of

“And it came to pass that the centurions of the Federal Bureau of Investigation and the United States Department of Justice looked across the sea of change in telecommunications and declared “WE CAN’T HEAR YOU!” And, yea, they prayed to the gods and asked for help to defeat the barbarians who would employ telecommunications for evil. And the gods sent them CALEA.”

Okay, it didn’t happen exactly that way. What really happened was that the FBI noticed that it was having trouble doing wire taps. It seemed that the G-men were falling behind because of digital technology in wireless and wired communications; new interconnections/information retrieval systems, like SS7; the introduction of competitive local exchange carriage; and a host of other really technical stuff.

The FBI also noted that although carriers evinced some level of cooperation in the feds’ wiretapping effort to gather dirt on do-badders, the cooperation required to effectively keep up in the battle against crime was just not there. So, the FBI asked Congress, via the Executive Branch, to pass a law to “clarify” carriers’ responsibilities to make facilities available for wiretaps.

The idea was simple. The FBI needed Congress to tell the carriers that the FBI didn’t have to say “pretty please” every time it wanted to perform a wiretap. Congress agreed that the ends of justice required this cooperation, so it passed the Communications Assistance for Law Enforcement Act (CALEA) about a year ago. In essence, CALEA states that common carriers will make available the means by which the feds can engage in wiretapping activity, employing the carriers’ terminal or switch capacity for the purpose of authorized interception of customer communications.

Competing interest While law enforcement has its agenda in ensuring its ability to listen to the nefarious goings-on of crooks, smugglers and former Speakers of the House, carriers have competing interests-the cost of cooperation and the need to ensure that their customers receive all expected privacy in the content of communications.

Carrier organizations like CTIA and PCIA continue to debate the issue of cost as they try to get the cops to accept certain standard equipment for installation by carriers to meet the requirements of CALEA. The issue of customer privacy will be an ongoing problem.

Under the Communications Act, and in accordance with many local laws, customers are entitled to privacy in the making and receiving of electronic communications. Interception of, and/or publication of the content of communications is prohibited. Fines, imprisonment and guest spots on talk shows can be imposed on people that repeat communications made or received from celebrities or elected officials or private citizens.

The obligation to keep customer communications private falls on carriers, which must ensure that all interceptions are “authorized.” Authorized interceptions are those that proceed from a valid warrant, court order or other legal mechanism that entitles a law enforcement agency to perform wiretaps or employ pen registers or trap-and-trace devices.

The tenets of CALEA are incorporated within Section 229 of the Communications Act, and the FCC has recently adopted rules for all common carriers’ future compliance with CALEA obligations. On March 15, the FCC adopted new Part 64 rules (Miscellaneous Rules Relating to Common Carriers), sections 64.2100-64.2106, which require common carriers to file what amounts to an employee manual. The filing demonstrates that the common carrier has adopted internal policies and procedures for dealing with unauthorized and authorized interceptions of customer communications.

In balancing the interests of carriers and law enforcement agencies, the FCC decided that the goddess CALEA is not all-powerful. The FCC did not mandate many changes in carriers’ systems, nor did it provide any obligation that specific equipment would be provided by carriers for compliance with statute. What the FCC did require, however, was that each carrier provide a comprehensive plan, subject to FCC review and approval, that demonstrated that the carrier had created the necessary internal capacity to respond promptly to requests by law enforcement agencies.

What you should do Meeting the new CALEA guidelines is something that looks far simpler than it is. By the time one designs a manual that demonstrates compliance with each of the general guidelines set out in the new FCC rules and policies, the Communications Act and the practical environment of the marketplace, the document could become quite complex. I therefore suggest that common carriers get professional help from a scaly creature known as a “lawyer.”

The manual should include:

1. The name of a senior officer or employee who will serve as a contact for law enforcement agencies.

2. A job description of the contact person, including a way for the police to contact that person.

3. The manner in which an interception can be performed promptly.

4. A definition of standards for determining whether the requested interception includes “appropriate authorization.”

5. A statement of policies for employees in determining whether an interception is lawful and will be allowed by the carrier.

6. A method of informing a contact officer regarding lawful interceptions in accordance with federal or state statutes.

7. The creation of a method of reporting unlawful or unauthorized interception.

8. The manner of maintenance of records in accordance with guidelines.

See how simple this is? The reporting requirement for demonstrating compliance with CALEA is not simple, despite the FCC’s rare best efforts in attempting to reduce the burden for carriers. What is burdensome is creating the manual prior to the 90 day deadline following publication of the Report and Order that was released on March 15.

So, what you should do is contact a lawyer to assist you in putting together the filing before July 1. If you don’t-consider this: It would take only one computer run of all Commercial Mobile Radio Service (CMRS) licensees compared to all filers of a CALEA manual to determine who did or did not comply with the new rules. Then, it only takes one more computer file merge function to send forfeiture letters to all non-filers. The wrath of the goddess CALEA would then befall all CMRS fish in a barrel.

Some final thoughts The design of the CALEA manual should allow it to be easily updated. Although you will have to suffer the initial burden of having to assemble and file this monster, you should not have to reinvent the wheel every time your company makes a small change. So, in designing the CALEA manual, have it organized so one small change won’t require refiling a completely updated manual with the FCC.

If you are a small carrier and the FBI or local law enforcement guys come a-knockin’, you may wish to direct them to the LEC switch for intercepting customer communications from your system. Although you will probably still need to record this activity, the law enforcement agents will probably have an easier time installing interception devices at the LEC’s switching equipment than in your shop.

Finally, you may resent having to go through this exercise, and you may wish to rail against this assault on the Paperwork Reduction Act, but there will be little you can do to avoid performing this task. So, just think of me as Hermes, the messenger of the gods, and remember-don’t kill the messenger.

Tags: content

Most Recent


  • The goddess CALEA
    Newscan: Securing the Internet of Things is quite a challenge
    Also: EWA requests dismissal of 900 MHz applications; TIA names tech and policy priorities for 2014; IJIS Institute names Shumate Award winner; App makes bus waits more tolerable; a Blackberry comeback may be in the offing.
  • The goddess CALEA
    Newscan: FCC certifies Carlson Wireless's white-space radio
    Also: Congress looks to revamp telecom law; Obama to place some restraints on surveillance; IEEE to study spectrum-occupancy sensing for white-spaces broadband; Major Swedish transport operator opts for Sepura TETRA radios; RFMD to partner on $70 million next-generation power grid project; NENA opens registratiuon for "911 Goes to Washington."
  • The goddess CALEA
    Newscan: A look at the critical job of 911 dispatchers
    Also: NYC launches website for tracking 911 response times; Oregon implements 911 on pre-paid cell phones; LightSquared wants to keep spectrum assets; Harris receives multiple government orders; FCC extends rebanding financial reconciliation deadline; Zetron gear at core of communications system upgrade; Ritron debuts wireless access control system; EWA seeks policy review of VHF vehicular repeater system deployments.
  • The goddess CALEA
    Newscan: Average peak data rates of 144 MB/s average realized in tests with CAT 4 LTE device
    Also: Verizon, T-Mobile to swap unused spectrum to improve coverage; Internet giants oppose surveillance--but only when the government does it; FCC Chairman says incentive auction will be delayed until middle of 2015; FCC chair announces staff appointments; Alcatel-Lucent names Tim Krause as chief marketing officer; New Jersey county deploys TriTech CAD system; Toronto airport deploys 26-position Zetron console system;

Leave a comment Cancel reply

To leave a comment login with your Urgent Comms account:

Log in with your Urgent Comms account

Or alternatively provide your name, email address below:

Your email address will not be published. Required fields are marked *

Related Content

  • RugGear: Contributing to the future of mission-critical broadband communication review and market vision
  • Photo gallery: 2014 Communications Marketing Conference (CMC) in Tucson
  • The goddess CALEA
    Top 5 Stories - Week of Sept. 22
  • The goddess CALEA
    RCA plans to expand this year's Technical Symposium

Commentary


LTE and liability: Why the fire service must move forward with digital incident command

  • 2
6th May 2022

Partnership and collaboration must be the foundation for emergency communications

18th April 2022

FirstNet success means no hypothetical ‘shots’ need to be fired, Swenson says

22nd February 2022
view all

Events


UC Ezines


IWCE 2019 Wrap Up

13th May 2019
view all

Twitter


UrgentComm

Sesame Solar leverages mobile solar, hydrogen to power efforts beyond the grid dlvr.it/ST8m3K

1st July 2022
UrgentComm

Newscan: On front lines, communications breakdowns prove costly for Ukraine dlvr.it/ST7fnC

30th June 2022
UrgentComm

China-backed APT pwns building-automation systems with ProxyLogon dlvr.it/ST6q7m

30th June 2022
UrgentComm

Samsung fills its 2G hole in new challenge to Ericsson and Nokia dlvr.it/ST6hBK

30th June 2022
UrgentComm

Militarized drone swarms coming dlvr.it/ST6dNz

30th June 2022
UrgentComm

Take American City & County’s budgeting survey dlvr.it/ST6Yxb

30th June 2022
UrgentComm

Final cases made about Airwave, ESN, before CMA issues provisional decision on Motorola Solutions dlvr.it/ST4Q6X

29th June 2022
UrgentComm

Polaris Wireless: Manlio Allegra talks 911 Z-axis tech, future IoT opportunities dlvr.it/ST1384

28th June 2022

Newsletter

Sign up for UrgentComm’s newsletters to receive regular news and information updates about Communications and Technology.

Expert Commentary

Learn from experts about the latest technology in automation, machine-learning, big data and cybersecurity.

Business Media

Find the latest videos and media from the market leaders.

Media Kit and Advertising

Want to reach our digital and print audiences? Learn more here.

DISCOVER MORE FROM INFORMA TECH

  • American City & County
  • IWCE
  • Light Reading
  • IOT World Today
  • Mission Critical Technologies
  • Microwave/RF
  • T&D World
  • TU-Auto

WORKING WITH US

  • About Us
  • Contact Us
  • Events
  • Careers

FOLLOW Urgent Comms ON SOCIAL

  • Privacy
  • CCPA: “Do Not Sell My Data”
  • Cookies Policy
  • Terms
Copyright © 2022 Informa PLC. Informa PLC is registered in England and Wales with company number 8860726 whose registered and Head office is 5 Howick Place, London, SW1P 1WG.
This website uses cookies, including third party ones, to allow for analysis of how people use our website in order to improve your experience and our services. By continuing to use our website, you agree to the use of such cookies. Click here for more information on our Cookie Policy and Privacy Policy.
X