WASHINGTON-Reminding the Federal Communications Commission that a federal appeals court said earlier this month that government must implement the digital wiretap act in a cost-effective manner, the Cellular Telecommunications Industry Association asked the FCC to suspend the digital wiretap compliance date until a new technical standard can be determined.
The current deadline to comply with the Communications Assistance for Law Enforcement Act is Sept. 30, 2001.
“The suspension will ensure an orderly and cost-efficient implementation rather than a piecemeal, multi-stage deployment of features,” said CTIA.
The petition comes one week after the U.S. Court of Appeals for the D.C. Circuit vacated portions of the FBI’s “punch list.”. In that punch list, the FBI had urged the FCC to require the telecom industry to add nine capabilities to better help agencies wiretap digital phones. The FCC included six of those capabilities. However, four capabilities were later challenged by industry and privacy advocates.
The D.C. Circuit agreed with industry that the four capabilities cost too much and raised privacy red flags. It sent the capabilities back to the FCC.
It remains uncertain when a new standard will be ready.
“Telecommunications carriers and manufacturers cannot presume to know the outcome of the [FCC’s] proceedings. … In the meantime, however, manufacturers and carriers are having to devote enormous amounts of scarce engineering resources to complying with a rapidly approaching September 2001 deadline,” said CTIA.
CTIA believes the appeals court decision throws into doubt the two uncontested capabilities because they are technically linked to the four remanded capabilities. For this reason, a complete stay-not just a stay of the four capabilities-is necessary, the trade group said.
The Department of Justice believes in the end the standard will be ratified.
“We believe we can demonstrate that these capabilities should be included in a revised FCC order and that the concerns of the court can be addressed,” stated Attorney General Janet Reno.
The FCC is reviewing the decision, but refused further comment on the D.C. Circuit’s decision.
