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INDUSTRY ASKS FOR A STAY IN CALEA LAWSUIT

WASHINGTON-The telecommunications industry is stalling on a lawsuit against the federal government over the implementation of the digital wiretap act.

Briefs in the case were due today, but late last week the Cellular Telecommunications Industry Association, the Telecommunications Industry Association and the Personal Communications Industry Association asked to hold off on the briefs for at least 60 days. The delay is meant to give time for the Department of Justice to continue its negotiations with manufacturers over a software solution for implementing the Communications Assistance for Law Enforcement Act of 1994.

Attorney General Janet Reno told a congressional appropriations panel March 11 the Justice Department had signed a letter of intent with a telecommunications manufacturer to buy software and give it to carriers to implement CALEA. Nortel Networks later confirmed it was the manufacturer. It is believed DOJ is negotiating with other manufacturers.

The stay puts any litigation on hold for now, said Al Gidari, an attorney for the trade associations. “We don’t want the lawyers to muck up the deal.”

DOJ does not intend to oppose the stay, said a spokeswoman.

The software approach is popular because it also solves the tricky grandfather date issue, said CTIA President Thomas Wheeler. CALEA language requires the government to reimburse carriers for CALEA-related upgrades to equipment in place before Jan. 1, 1995.

The software solution being contemplated by the DOJ wouldn’t be triggered by any network deployment dates.

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