WASHINGTON—The Federal Communications Commission’s rejection of the cellular industry’s request to waive the Sept. 30 deadline packet-data wiretap deadline for all mobile phone carriers has drawn mixed reactions from service providers and equipment manufacturers.
“The technical evidence in our submission to the FCC was clear: there is no commercially available solution that meets the FCC’s packet mode surveillance requests. We understand what they want to accomplish and why, but as of now the commercially available systems simply don’t exist,” said Thomas Wheeler, president of the Cellular Telecommunications & Internet Association.
While turning down CTIA’s request for a blanket waiver of the Sept. 30 deadline, the FCC gave carriers an additional 60 days to come into compliance with the packet-mode wiretap requirement. The FCC is expected to rule on other wiretap capabilities that have caused friction between the FBI and mobile phone industry since the enactment of the Communications Assistance for Law Enforcement Act of 1994.
The Telecommunications Industry Association, which speaks for telecom vendors, took a less hostile view of the FCC ruling. “Today’s order provides the communications industry with much needed further guidance on how to proceed with implementing CALEA. We thank the Commission for taking this action,” said Matthew Flanigan, president of the Telecommunications Industry Association.
Wednesday’s action by the FCC comes a week and a day after deadly terrorist attacks on the World Trade Center and the Pentagon. In the wake of the tragedy, the Bush administration and Congress are taking steps to expand electronic surveillance of phones and computers. The mobile phone industry and privacy advocates have challenged law enforcement efforts to broaden eavesdropping capabilities in the past.
Attorney General John Ashcroft sent an anti-terrorism legislative proposal, which included proposed changes in the wiretap law, to Capitol Hill yesterday. Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) is crafting a separate anti-terrorism bill. The panel has scheduled a hearing next Tuesday to discuss both measures, with an eye toward passing legislation in the next few weeks.
