WASHINGTON-The Federal Communications Commission rejected privacy and industry concerns in approving six of nine additional capabilities to an industry interim technical standard implementing the digital wiretap act.
The decision was not surprising. Last October, the FCC tentatively concluded five of the nine so-called punch-list items requested by the government were within the scope of the Communications Assistance for Law Enforcement Act of 1994.
Last week’s decision affirmed the notice of proposed rule making with the only change being that it also agreed with the FBI that the sixth capability-in and out of band signaling-was necessary.
The telecommunications industry will be required to comply with the industry interim standard by June. Carriers must abide by a revised CALEA standard-including the six items-by Sept. 30, 2001.
The Center for Democracy and Technology, the Personal Communications Industry Association and the United States Telephone Association were disappointed with the decision.
“CDT is deeply disappointed in the [FCC] decision. Of all the issues that mattered, the [FCC] ruled against privacy and in favor of expanded law-enforcement surveillance. A statute that was intended to ensure that the FBI did not lose ground in the face of new technology is being used to enhance its surveillance powers,” said CDT’s Jim Dempsey.
CDT had asked the FCC to rule that the industry interim standard was deficient because it allowed wireless carriers to provide the cell site of their customers at the beginning and end of every call. CDT said this effectively turned wireless phones into tracking devices.
Another issue of concern to the privacy group is that the Telecommunications Industry Association has been asked to report back by Sept. 30, 2000, to tell the FCC how packet-mode communications can be brought into the technical standard and still protect privacy concerns.
PCIA President Jay Kitchen said the “exorbitant costs of implementing these punch-list items should have been reason enough to have them excluded. For example, the costs of dialed digit extraction are double that of any other punch-list item.”
USTA had two major concerns with the decision, said David Bolger, USTA vice president of communications.
“The member companies of USTA are disappointed that the FCC has added six points to the industry interim standard. None of the punch-list items are required by CALEA. These six will add to the cost our companies will incur to implement CALEA. The second [concern] is that the Sept. 30, 2001, date is completely unreasonable. It is our hope that the FCC will give favorable consideration to companies requesting extensions. While we are glad the FCC has moved forward on CALEA, we are disappointed in this action. It is a disappointing day for USTA,” Bolger said.
FCC Chairman William Kennard sloughed off these concerns, saying, “We have balanced law enforcement’s needs against the rights of all Americans to privacy, and the cost to industry of providing these tools to assist law enforcement.”
The Cellular Telecommunications Industry Association praised the FCC on acting and not including the three items it had earlier rejected in the rules.
“We are pleased that all of the additional capabilities requested by the FBI were not included in the FCC order,” said CTIA President Thomas Wheeler.
TIA said it disagreed with some of the FCC’s decisions, but “now that the order has finally been issued, manufacturers can begin the process of incorporating the FCC’s decisions into their development plans.”
TIA President Matthew J. Flanigan warned that the FCC’s Sept. 30, 2001, deadline is unrealistic. “As TIA and other members of the industry have repeatedly advised the [FCC], CALEA compliance involves one of the most complicated sets of features ever developed by manufacturers … A CALEA solution is not like buying a software program at the office supply store, where you can go home and load the program onto your computer in a few minutes.”
The Attorney General and FBI praised the decision.
“The FCC has carefully addressed the needs of law enforcement to combat terrorism, organized crime and illegal drug activity while ensuring important privacy protections … This ruling will enable law enforcement to keep pace” with technological changes, said Attorney General Janet Reno.
Specifically, the FCC approved the following items of the checklist:
Subject-initiated conference calls: Continued access to the content of conversations connected via a subject’s conference call feature even if the subject drops off the call;
Party hold/join/drop on conference calls: Allows law enforcement to receive messages indicating whether a party is on hold, had joined or had been dropped from the conference call;
Subject-initiated dialing and signaling information: Law enforcement would be informed if a person uses special features like forwarding, call waiting, call hold and/or three-way calling;
Timing information: This allows law enforcement easier access to the content of subject calls;
Dialed digit extraction: These are digits dialed after the call has been picked up, such as those used to check voice mail or place a credit-card call; and;
In and out of band signaling: Law enforcement will receive notification whenever the subject’s service sends a tone indicating call waiting, the line is ringing or the line is busy.
