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Standards Reference Page for the USA Communications Assistance for Law
Enforcement Act of 1994
1. Relevant provisions in the Act relating to LI standards
Communications Assistance for Law Enforcement Act of 1994,
Pub. L. No. 103-414, 108 Stat. 4279.
TITLE I--INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS
SEC. 107. TECHNICAL REQUIREMENTS AND STANDARDS; EXTENSION
OF COMPLIANCE DATE.
(a) SAFE HARBOR-
(1) CONSULTATION- To ensure the efficient and
industry-wide implementation of the assistance capability requirements
under section 103, the Attorney General, in coordination with other
Federal, State, and local law enforcement agencies, shall consult with
appropriate associations and standard-setting organizations of the
telecommunications industry, with representatives of users of
telecommunications equipment, facilities, and services, and with State
utility commissions.
(2) COMPLIANCE UNDER ACCEPTED STANDARDS- A telecommunications carrier
shall be found to be in compliance with the assistance capability
requirements under section 103, and a manufacturer of telecommunications
transmission or switching equipment or a provider of telecommunications
support services shall be found to be in compliance with section 106, if
the carrier, manufacturer, or support service provider is in compliance
with publicly available technical requirements or standards adopted by an
industry association or standard-setting organization, or by the
Commission under subsection (b), to meet the requirements of section 103.
(3) ABSENCE OF STANDARDS- The absence of technical requirements or
standards for implementing the assistance capability requirements of
section 103 shall not--
(A) preclude a telecommunications carrier,
manufacturer, or telecommunications support services provider from
deploying a technology or service; or
(B) relieve a carrier, manufacturer, or telecommunications support
services provider of the obligations imposed by section 103 or 106, as
applicable.
(b) COMMISSION AUTHORITY- If industry associations or
standard-setting organizations fail to issue technical requirements or
standards or if a Government agency or any other person believes that such
requirements or standards are deficient, the agency or person may petition
the Commission to establish, by rule, technical requirements or standards
that--
(1) meet the assistance capability requirements of
section 103 by cost-effective methods;
(2) protect the privacy and security of communications not authorized to
be intercepted;
(3) minimize the cost of such compliance on residential ratepayers;
(4) serve the policy of the United States to encourage the provision of
new technologies and services to the public; and
(5) provide a reasonable time and conditions for compliance with and the
transition to any new standard, including defining the obligations of
telecommunications carriers under section 103 during any transition
period.
SEC. 103. ASSISTANCE CAPABILITY REQUIREMENTS.
(a) CAPABILITY REQUIREMENTS- Except as provided in subsections (b), (c), and
(d) of this section and sections 108(a) and 109(b) and (d), a
telecommunications carrier shall ensure that its equipment, facilities, or
services that provide a customer or subscriber with the ability to
originate, terminate, or direct communications are capable of--
(1) expeditiously isolating and enabling the government,
pursuant to a court order or other lawful authorization, to intercept, to
the exclusion of any other communications, all wire and electronic
communications carried by the carrier within a service area to or from
equipment, facilities, or services of a subscriber of such carrier
concurrently with their transmission to or from the subscriber's
equipment, facility, or service, or at such later time as may be
acceptable to the government;
(2) expeditiously isolating and enabling the government, pursuant to a
court order or other lawful authorization, to access call-identifying
information that is reasonably available to the carrier--
(A) before, during, or immediately after the
transmission of a wire or electronic communication (or at such later
time as may be acceptable to the government); and
(B) in a manner that allows it to be associated with the communication
to which it pertains, except that, with regard to information acquired
solely pursuant to the authority for pen registers and trap and trace
devices (as defined in section 3127 of title 18, United States Code),
such call-identifying information shall not include any information that
may disclose the physical location of the subscriber (except to the
extent that the location may be determined from the telephone number);
(3) delivering intercepted communications and
call-identifying information to the government, pursuant to a court order
or other lawful authorization, in a format such that they may be
transmitted by means of equipment, facilities, or services procured by the
government to a location other than the premises of the carrier; and
(4) facilitating authorized communications interceptions and access to
call-identifying information unobtrusively and with a minimum of
interference with any subscriber's telecommunications service and in a
manner that protects--
(A) the privacy and security of communications and
call-identifying information not authorized to be intercepted; and
(B) information regarding the government's interception of
communications and access to call-identifying information.
(b) LIMITATIONS-
(1) DESIGN OF FEATURES AND SYSTEMS CONFIGURATIONS- This
title does not authorize any law enforcement agency or officer--
(A) to require any specific design of equipment,
facilities, services, features, or system configurations to be adopted
by any provider of a wire or electronic communication service, any
manufacturer of telecommunications equipment, or any provider of
telecommunications support services; or
(B) to prohibit the adoption of any equipment, facility, service, or
feature by any provider of a wire or electronic communication service,
any manufacturer of telecommunications equipment, or any provider of
telecommunications support services.
(2) INFORMATION SERVICES; PRIVATE NETWORKS AND
INTERCONNECTION SERVICES AND FACILITIES- The requirements of subsection
(a) do not apply to--
(A) information services; or
(B) equipment, facilities, or services that support
the transport or switching of communications for private networks or for
the sole purpose of interconnecting telecommunications carriers.
(3) ENCRYPTION- A telecommunications carrier shall not
be responsible for decrypting, or ensuring the government's ability to
decrypt, any communication encrypted by a subscriber or customer, unless
the encryption was provided by the carrier and the carrier possesses the
information necessary to decrypt the communication.
(c) EMERGENCY OR EXIGENT CIRCUMSTANCES- In emergency or
exigent circumstances (including those described in sections 2518 (7) or
(11)(b) and 3125 of title 18, United States Code, and section 1805(e) of
title 50 of such Code), a carrier at its discretion may comply with
subsection (a)(3) by allowing monitoring at its premises if that is the only
means of accomplishing the interception or access.
(d) MOBILE SERVICE ASSISTANCE REQUIREMENTS- A telecommunications carrier
that is a provider of commercial mobile service (as defined in section
332(d) of the Communications Act of 1934) offering a feature or service that
allows subscribers to redirect, hand off, or assign their wire or electronic
communications to another service area or another service provider or to
utilize facilities in another service area or of another service provider
shall ensure that, when the carrier that had been providing assistance for
the interception of wire or electronic communications or access to
call-identifying information pursuant to a court order or lawful
authorization no longer has access to the content of such communications or
call-identifying information within the service area in which interception
has been occurring as a result of the subscriber's use of such a feature or
service, information is made available to the government (before, during, or
immediately after the transfer of such communications) identifying the
provider of a wire or electronic communication service that has acquired
access to the communications.
SEC. 106. COOPERATION OF EQUIPMENT MANUFACTURERS AND
PROVIDERS OF TELECOMMUNICATIONS SUPPORT SERVICES.
(a) CONSULTATION- A telecommunications carrier shall
consult, as necessary, in a timely fashion with manufacturers of its
telecommunications transmission and switching equipment and its providers
of telecommunications support services for the purpose of ensuring that
current and planned equipment, facilities, and services comply with the
capability requirements of section 103 and the capacity requirements
identified by the Attorney General under section 104.
(b) COOPERATION- Subject to sections 104(e), 108(a), and 109 (b) and (d),
a manufacturer of telecommunications transmission or switching equipment
and a provider of telecommunications support services shall, on a
reasonably timely basis and at a reasonable charge, make available to the
telecommunications carriers using its equipment, facilities, or services
such features or modifications as are necessary to permit such carriers to
comply with the capability requirements of section 103 and the capacity
requirements identified by the Attorney General under section 104.
2. Relevant provisions in the Code of Federal Regulations relating to
LI standards
Title 47 - TELECOMMUNICATIONS
PART 22 - MOBILE SERVICES
Subpart J - Required New Capabilities Pursuant to the
Communications Assistance for Law Enforcement Act (CALEA)
22.1102 Definitions.
J-STD-025. The interim standard developed by the
Telecommunications Industry Association and the Alliance for
Telecommunications Industry Solutions for wireline, cellular, and
broadband PCS carriers. This standard defines services and features to
support lawfully authorized electronic surveillance, and specifies
interfaces necessary to deliver intercepted communications and
call-identifying information to a LEA.
22.1103 Capabilities that must be provided by a cellular
telecommunications carrier.
(a) Except as provided under paragraph (b) of this
section, as of June 30, 2000, a cellular telecommunications carrier
shall provide to a LEA the assistance capability requirements of CALEA,
see 47 U.S.C. 1002. A carrier may satisfy these requirements by
complying with publicly available technical requirements or standards
adopted by an industry association or standard-setting organization,
such as J-STD-025.
PART 24-PERSONAL COMMUNICATIONS SERVICES
Subpart J - Required New Capabilities Pursuant to the
Communications Assistance for Law Enforcement Act (CALEA)
24.902 Definitions.
J- STD- 025. The interim standard developed by the
Telecommunications Industry Association and the Alliance for
Telecommunications Industry Solutions for wireline, cellular, and
broadband PCS carriers. This standard defines services and features to
support lawfully authorized electronic surveillance, and specifies
interfaces necessary to deliver intercepted communications and
call-identifying information to a LEA.
24.903 Capabilities that must be provided by a broadband
PCS telecommunications carrier.
(a) Except as provided under paragraph (b) of this
section, as of June 30, 2000, a broadband PCS telecommunications carrier
shall provide to a LEA the assistance capability requirements of CALEA,
see 47 U.S.C. 1002. A carrier may satisfy these requirements by
complying with publicly available technical requirements or standards
adopted by an industry association or standard-setting organization,
such as J-STD-025.
PART 64-MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
Subpart W - Required New Capabilities Pursuant to the
Communications Assistance for Law Enforcement Act (CALEA)
64.2202 Definitions.
J-STD-025. The interim standard developed by the
Telecommunications Industry Association and the Alliance for
Telecommunications Industry Solutions for wireline, cellular, and
broadband PCS carriers. This standard defines services and features to
support lawfully authorized electronic surveillance, and specifies
interfaces necessary to deliver intercepted communications and
call-identifying information to a LEA.
64.2203 Capabilities that must be provided by a wireline
telecommunications carrier.
(a) Except as provided under paragraph (b) of this
section, as of June 30, 2000, a wireline telecommunications carrier
shall provide to a LEA the assistance capability requirements of CALEA,
see 47 U.S.C. 1002. A carrier may satisfy these requirements by
complying with publicly available technical requirements or standards
adopted by an industry association or standard-setting organization,
such as J-STD-025.
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