The Communications Assistance for Law Enforecement Act (CALEA) was established in 1994 and its purpose is “to make clear a telecommunications carrier’s duty to cooperate in the interception of communications for Law Enforcement purposes, and for other purposes”. As a governmental “wiretapping” law, it obliges telephone companies to work with law enforcement to tap telephone conversations and make their phone (billing system) records available and to do so in a manner unknown to the individual under surveillance.
Plante & Moran is monitoring this topic and we will keep our K-12 and higher education clients apprised of any new and significant developments. If exemptions are not granted and specific compliance requirements are identified, our Communications and Networking specialists will be ready to assist those that need help in reaching compliance with CALEA.
Why Be Concerned With CALEA?
The federal government has recently increased the reach of the original CALEA requirements by determining that providers of certain broadband and interconnected Voice over IP (VoIP) services must accommodate law enforcement wiretaps. The FCC determined that new, Internet-based services can essentially replace traditional telephone service so they are subject to wiretap rules. However, the FCC has broadened their definition of a “telecommunications carrier” to include “facilities-based broadband Internet access providers.” This now potentially affects ISP’s, K-12 schools, colleges and universities, public libraries, and airports with Wi-Fi access. Court orders will still be required to request a wiretap but the individual institutions will be required to architect their networks to allow Law Enforcement to tap these Internet-based connections appropriately. Initial estimates have suggested that it could cost universities $7 billion dollars in equipment not counting the technical services and support required to install and maintain the modifications.
When Is Compliance Required?
The FCC established an 18 month deadline starting at September 23, 2005 and expiring on March 23, 2007 for the newly defined providers to be in full compliance with CALEA.
What Does Compliance Mean?
At this time there appears to be no set standard for what a “CALEA compliant” network should consist of. Carriers appear to be taking a “wait and see” approach and educational institutions have already petitioned the FCC for exemption status or at least an extension of the deadline. A coalition of colleges and universities met before the FCC challenging the ruling and the American Council on Education petitioned the United States Court of Appeals to review the Order. It is anticipated that further definitions regarding compliance as well as rulings on who may be granted exemptions are expected to be delivered by mid-2006.
For more information, we recommend visiting www.educause.edu and then performing a search on “CALEA”.
