LEAs Propose Sweeping Changes In CALEA Compliance Mar 31, 2004 Policy Specialists Warn Of Significant Implications The U.S. Department of Justice, Federal Bureau of Investigation and Drug Enforcement Administration -- referred to in telecom circles as LEAs' (an acronym for Law Enforcement Agencies) -- are pressing the FCC for sweeping changes in the commission's rules governing compliance with the 1994 Communications Assistance for Law Enforcement Act (CALEA). Specifically, the agencies are asking the commission to immediately undertake a rulemaking that would: Extend the LEAs' access for authorized wiretaps to a broad array of new, packet-based networks, push-to-talk "dispatch" systems, and other advanced communications technologies; Establish firm, short deadlines for compliance by communications services providers and networks that are deemed covered under CALEA; Restrict the FCC's culture of granting extensions for CALEA compliance by specifying the criteria for extensions of any benchmarks and deadlines; and Establish procedures for enforcement actions against entities that do not comply with their CALEA obligations. Impact Potentially Broad The LEAs' proposals, if fully adopted by federal regulators, could have a major impact on many sectors of the telecommunications and information technology services, as well as the manufacturing sectors, according to policy experts in the Global Telecommunications and Technology Group at the international law firm of Coudert Brothers LLP. In a March 22 advisory to Coudert's clients, the firm's policy analysts warned that hardware and software manufacturers could see a significant demand for affordable solutions to bring a variety of communications technologies into CALEA compliance. Special attention would be focused on Internet-related, Voice over Internet Protocol (VoIP), and some wireless technologies, if the LEA's primary objectives are achieved. Indeed, providers of broadband access, broadband telephony, and advanced communications technology could face relatively short deadlines to implement either standardized or individual solutions so that law enforcement can have ready access to their networks, if needed. Even those operators and manufacturers that are already working towards CALEA compliance could face more stringent deadlines for implementation of solutions, if the LEAs' requests are even partially adopted by the FCC, according to Coudert's experts. Broader Compliance Required In their joint petition to the FCC, the LEAs contend there is an urgent need for the FCC to act in light of the rapid movement of traffic from legacy switched-circuit systems to newer, packet-based systems. This technological revolution is accompanied by the emergence of new telecommunications service providers that may not fit neatly into the definitions for telecommunications operators in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, they say. The LEAs also claim that previous decisions by the commission have led to continuing disputes between the law enforcement community and the telecommunications and information services industries over which services and providers are covered by CALEA. Thus, the LEAs advocate that the FCC formally: Identify the types of services and entities that are subject to CALEA; Identify the services that are considered packet-mode services; and Determine that broadband access services and broadband telephony services are subject to CALEA. Mobile Services The petition urges the FCC to reaffirm its earlier decision that push-to-talk "dispatch" services are subject to CALEA to the extent these services are interconnected. The LEAs claim that these new systems are being implemented without reference to CALEA obligations and therefore the new networks are not accessible to law enforcement wiretaps. Future Services The LEAs' petition advocates that the FCC establish rules that would facilitate the easy and rapid identification of future CALEA-covered services and entities. Such rules, they argue, would include any service that is in competition with a service already complying with CALEA, any entity offering electronic communications (including packet-switching and transmission) to the public for a fee, and any packet-based technology or service presently covered by CALEA, but offered over a new communications technology. Moreover, the LEAs propose that the FCC establish a procedure permitting any provider that is uncertain whether its new technology is subject to CALEA to seek clarification immediately from the FCC before implementing the service. Ending 'Automatic' Extensions The petition states that because industry standards-setting bodies have argued with the LEAs regarding the applicability of CALEA to packet-based technologies, few standards have been published and those that have are deficient. This lack of standards has provided an easy excuse for manufacturers to postpone the production of equipment and carriers to seek extensions of CALEA implementation deadlines, even though, the LEAs argue, carriers are obliged to meet the deadlines with either standardized or non-standardized solutions. The LEAs are asking the FCC to: Set implementation deadlines for CALEA compliance and require benchmark filings by operators to keep the FCC informed as to their progress; Require operators to state what type of interception technologies they intend to implement on their packet-based networks; Set short, closely monitored extensions of time; and Establish procedures for enforcement actions if operators fail to meet CALEA implementation deadlines. Customers To Bear The Costs The LEAs want the FCC to establish rules (1) confirming that carriers bear the sole financial responsibility for complying with CALEA and adapting post-1995 equipment, facilities and services; (2) permitting carriers to pass the costs of the capital improvements required to make networks CALEA-compliant onto their customers; and (3) requiring law enforcement organizations only to pay for the cost of implementing specific, duly authorized wiretaps, not the capital costs incurred to make such wiretaps possible. The FCC, which has been anticipating the LEAs' petition, has already put the matter on public notice. The commission is asking all interested parties to file comments by April 12and reply comments by April 27. Filing of the petition by the LEAs came close on the heels of a Notice of Proposed Rulemaking (NPRM) by the FCC regarding the proper regulatory treatment of VoIP and other packet-enabled communications systems. The NPRM referred to the importance of support for law enforcement agencies by the communications industry and the FCC's plan to open a separate rulemaking proceeding that would run in tandem with the NPRM. In placing the LEAs' petition on public notice, the FCC reiterated that it would work closely with the LEAs to make certain that their requirement for support of lawfully authorized wiretaps are met. Against the backdrop of the recent Madrid train bombings, coupled with the intense scrutiny that national security and terrorism-related issues are already receiving in the presidential election campaign, the FCC can be expected to respond to the LEAs' petition as quickly as possible, the Coudert experts say. However, the issues raised by the LEAs will be difficult to resolve both legally and in practical terms, given the architecture of modern telecommunications networks, they add. www.telecomweb.com -- Dave Emery N1PRE, die@dieconsulting.com DIE Consulting, Weston, Mass 02493