Subject: [NEXTEL-1] DOJ, FBI, and DEA On CALEA-

From: [email-masked]
Date: Wed, 07 Apr 2004 21:57:11 -0400

DOJ, FBI, and DEA On CALEA-

On March 10, 2004, the DOJ, FBI, and DEA filed a Joint Petition for
Expedited Rulemaking before the FCC. As stated in the
joint petition, CALEA’s purpose is to preserve Law Enforcement’s ability
to conduct lawful electronic surveillance despite
changing telecommunications technologies. CALEA applies to all
telecommunications carriers, and its application is
technology neutral. Despite a clear statutory mandate, full CALEA
implementation has not been achieved. Although the
Commission has taken steps to implement CALEA, there remain several
outstanding issues that are in need of immediate
resolution.

To resolve the outstanding issues, Law Enforcement asks the Commission
to:

(1) formally identify the types of services and entities that are
subject to CALEA;

(2) formally identify the services that are considered “packet-mode
services”;

(3) initially issue a Declaratory Ruling or other formal Commission
statement, and ultimately adopt final rules,
finding that broadband access services and broadband telephony services
are subject to CALEA;

(4) reaffirm, consistent with the Commission’s finding in the CALEA
Second Report and Order, that push-to-talk
“dispatch” service is subject to CALEA;

(5) adopt rules that provide for the easy and rapid identification of
future CALEA-covered services and entities;

(6) establish benchmarks and deadlines for CALEA packet-mode compliance;

(7) adopt rules that provide for the establishment of benchmarks and
deadlines for CALEA compliance with future
CALEA-covered technologies;

(8) outline the criteria for extensions of any benchmarks and deadlines
for compliance with future CALEA-covered
technologies established by the Commission;

(9) establish rules to permit it to request information regarding CALEA
compliance generally;

(10) establish procedures for enforcement action against entities that
do not comply with their CALEA obligations;

(11) confirm that carriers bear sole financial responsibility for CALEA
implementation costs for post-January 1,
1995 communications equipment, facilities and services;

(12) permit carriers to recover their CALEA implementation costs from
their customers; and

(13) clarify the cost methodology and financial responsibility
associated with intercept provisioning.

The FCC noted in its IP-Enabled Services Notice of Proposed Rulemaking
WC Docket No. 04-36, FCC 04-28, released March 10, 2004, that Law
Enforcement would file this Petition, and that the Commission recognized
the importance of ensuring LawEnforcement's requirements are fully
addressed. The FCC stated that it took seriously the issues raised by
the law enforcement community concerning lawfully authorized wiretaps.

Accordingly, the FCC announced plans to initiate a rulemaking proceeding
to address the matters that it anticipated Law
Enforcement would raise in the Petition. The Commission also announced
plans to closely coordinate its efforts in these two
new proceedings. On March 12, 2004, the FCC released Public Notice DA
04-700 to request comments sought as a result of
the rulemaking proceeding RM-10865 opened at Law Enforcement's request.
Comments are due to the FCC on April 12, 2004, with reply comments due
April 27, 2004.

http://www.askcalea.com/jper.html

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