Above The "Minimum"

[James M. Cobb]

Friend,


The following excerpt is reposted by permission of editor at cdt.org
(cdt = Center for Democracy and Technology).


CDT POLICY POST Number 28                      November 6, 1995

CONTENTS: (1) Senator Leahy Calls on FBI to Justify Surveillance Capacity
              Request
          (2) Text of Senator Leahy's Letter to FBI Director Freeh
          (3) Review of Digital Telephony Implementation to Date
          (4) How To Subscribe To The CDT Policy Post Distribution List
          (5) About CDT, Contacting Us

This document may be re-distributed freely provided it remains in its
entirety. Excerpts may be re-posted by permission (editor at cdt.org)

[snip]

(3) REVIEW OF DIGITAL TELEPHONY PROCESS TO DATE

[snip]

* DIRECT NEGOTIATIONS WITH TELECOMMUNICATIONS CARRIERS FOR
SURVEILLANCE
  CAPACITY ABOVE THE NATIONAL MINIMUM?

The FBI has proposed to undertake direct negotiations with
telecommunications carriers for surveillance capacity beyond the proposed
national minimum standard requested in the notice.

When Congress passed CALEA last year, it created a public process to bring
law enforcement's electronic surveillance ability under public scrutiny in
order to balance the new authority to influence the design of
telecommunications networks.

The public accountability provisions of CALEA require the FBI to publish
*all* surveillance capacity requests.  Congress must take a critical look
at this aspect of the FBI's proposal, and should not appropriate funds
until the FBI agrees to disclose all capacity requests, as required by the
law.

[snip]

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                               ----


Cordially,

Jim