CALEA

Documents posted here concern the implementation of FBI requirements for company compliance with CALEA.

The major areas covered in an SSI or Policies and Procedures plan include: employee supervision and control in handling a lawful court order for electronic surveillance; and the proper security, maintenance and storage of surveillance data.

July 2006 Special Notice:

On May 12, 2006, the FCC released its Second Report and Order, and Memorandum Opinion and Order (ET Docket No. 04-295, FCC 06-56) on the application of CALEA to broadband access and services. This document addresses the assistance capabilities required pursuant to section 103 of CALEA for facilities-based broadband Internet access providers and interconnected voice over Internet protocol (VoIP) providers.

Briefly, section 103 of CALEA requires telecommunications carriers to establish the capability to provide law enforcement with call content information, call signaling and dialing information. In the Order, the FCC reaffirms that the date certain for these providers to be CALEA-compliant is May 14, 2007. There are other requirements, however, in the Order that have compliance dates that are sooner than May 14, 2007.

The Order requires that facilities-based broadband Internet access providers and interconnected VoIP providers comply with the system security requirements in section 105 of CALEA within 90 days of the effective date of the Order (Aug. 4, 2006), or by Nov. 2, 2006. For carriers that have already met the capability requirements of section 103 and the system security requirements of section 105 (these are the Policy and Procedures and Maintenance of Secure and Accurate Records documents previously required and filed by all telecommunications providers), this Order should be a prompt to review their compliance status and update their filings if necessary. Carriers that have formed new entities that provide broadband Internet access or interconnected VoIP services must ensure that the equipment, facilities or services provided by these entities meet the capability requirements by the May 14, 2007, deadline. They may also need to submit or modify their system security documents.

Additionally, the Order addresses the issue of carriers seeking relief from the requirements of CALEA via section 107(c) and 109(b) of the Act. Section 107(c) allows carriers to obtain extensions of the compliance dates, if approved by the Department of Justice, based on the availability of compliant equipment. The Order restates that only equipment installed or deployed prior to Oct. 25, 1998, will be considered for an extension. Appendix F of the Order instructs carriers on the proper method for filing a petition for extension under section 107(c). Once the FCC issues a Public Notice indicating the filing deadline, carriers with pending 107(c) petitions on file must file a letter that attests that their pending petitions concern equipment, facilities or services deployed prior to Oct. 25, 1998.

Appendix E of the Order details the filing procedures for petitions using the provisions of section 109(b) under which carriers can argue that compliance cannot be reasonably achieved.

Finally, the Order requires all providers of the newly-covered services to file a Monitoring Report that will inform the FCC of the steps the provider is taking to become compliant with CALEA. Appendix G of the Order provides a sample Monitoring Report. This report is subject to approval by the Office of Management and Budget (OMB). Following OMB approval, the FCC will issue a Public Notice that establishes a filing deadline.

In summary, the Order:

  • Applies to facilities-based broadband Internet access providers and interconnected VoIP providers;
  • Requires providers of these services to be CALEA capable by May 17, 2007;
  • Requires submission of System Security procedures by Nov. 2, 2006;
  • Requires following an FCC Public Notice, letters from carriers with pending 107(c) petitions attesting that the equipment covered in the petition was deployed prior to Oct. 25, 1998;
  • Requires, following an FCC Public Notice, the filing of progress "monitoring reports."

Carriers should review a copy of the Order and determine what they are required to comply with and when. Once the FCC has issued the appropriate public notices, they will be published by OPASTCO.
Anyone with additional questions or concerns should contact OPASTCO Technical Director John McHugh at jtm@opastco.org or 386/673-7955

Dec. 17, 2003:

The standard for CALEA capability for packet technologies (J-STD-025-B) is expected to get initial approval by Y/E 2003 with publication due early in 2004. Most large packet technology manufactures have proceeded in developing their own solution, and some are already available.

Dec. 17, 2003:

The FBI has announced that they will no longer support the "Flexible Deployment Process." The result of this decision will mean that carriers with pending and/or new extension requests under section 107(c) of CALEA will not have the FBI screen their extension request prior to the FCC making a determination on the request. This decision by the FBI does not alter the procedures carriers must use to file for an extension with the FCC, but it does put an extra burden on the FCC, which now must "consult with the DOJ prior to approving a carrier’s request for extension.” The current date set by the FCC for preliminary extensions for 107(c) requests due to the absence of a packet technology standard is Jan. 30, 2004.