FCC said it resolved 3 petitions for reconsideration of Communica...
FCC said it resolved 3 petitions for reconsideration of Communications Assistance for Law Enforcement Act (CALEA), proposing minor revisions in rules to clarify: (1) Arrangements telecom carriers subject to CALEA must make to ensure that law enforcement agencies can…
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
contact them when necessary. (2) Type of interception activity that triggers recordkeeping requirements. Order didn’t consider technical standards for compliance subject to remand from U.S. Appeals Court, D.C. Specifically, agency declined to adopt additional carrier personnel security measures proposed by FBI that would require carriers to conduct background checks of CALEA-designated employees and make detailed personal information available to law enforcement agencies (LEAs). Opponents of FBI proposals said existing rules adequately addressed personal security. FBI also asked carriers be required to generate automated message to permit LEAs to confirm periodically that interception software was working correctly and accessing correct subscriber. FCC ruled FBI hadn’t argued that surveillance status measures were “necessary to ensure systems security and integrity, as CALEA requires.” It declined to mandate automated surveillance status messages but said “there is nothing that would prevent carriers from providing this capability on a voluntary basis, or with compensations from LEAs.” FCC clarified requirements for recordkeeping to require carrier interception certifications to include “the start date and time the carrier enables the interception of communications or access to call-identifying information.” New language reflects FBI request to clarify event recorded is actual carrier action making interception to LEA, but doesn’t create new reporting requirements, Commission said. FBI asked for clarification of carrier responsibility for CALEA in resale situations. FCC said resellers as telecommunications carriers generally were subject to CALEA, but “in situations where a reseller doesn’t sell the services of a facilities-based carrier subject to CALEA, it can contract with its facilities provider or 3rd parties for CALEA assistance in the same way it contracts for any other network capabilities.” Finally, FCC denied National Telephone Co-op Assn. (NTCA) request to exempt small rural telcos from requirement to file with Commission policies and procedures used to comply with systems security rules and said “relief NTCA seeks is contrary to the statutory language.”