WASHINGTON-As the Federal Bureau of Investigation moves toward implementing of digital wiretap legislation approved by Congress last year, questions remain about funding and obligations of wireless carriers to comply with law enforcement electronic surveillance requirements.
The FBI will get feedback from the wireless telecommunications industry and others next month on its initial notification of law enforcement port capacity requirements.
The department was to receive public comment on its notice last month, but the deadline was extended to Jan. 16 in response to requests by the Personal Communications Industry Association, the Cellular Telecommunications Industry Association and the United States Telephone Association.
The FBI pushed for the legislation after being prevented because of technological impediments from carrying out court-approved wiretaps on public telecommunications networks.
The bill provided $500 million to compensate carriers for wiretap compatibility over a four-year implementation period, but it is unclear where that money will come from. There is some speculation the dollars might come from anti-terrorism legislation pending in Congress. The cloning of wireless telephones was made illegal in the bill, as well.
“Our nation’s law enforcement agencies are losing their capability to use that important tool (electronic surveillance) in the face of new and advanced telecommunications technologies,” said Sen. Patrick Leahy, D-Vt., a key architect of the digital wiretap bill.
