WASHINGTON, April 21, 1998 -- In the wake of the filing last month of petitions by the Center for Democracy and Technology (CDT), the FBI and the telecommunications industry, the Federal Communications Commission (FCC) has launched a full-scale inquiry into the FBI's efforts to require enhanced surveillance capabilities in the nation's telecommunications systems.

The Commission issued a notice yesterday -- April 20 -- soliciting public comment on all the issues that CDT, the FBI and the industry have raised about the implementation of the 1994 Communications Assistance for Law Enforcement Act (CALEA). This is the first time since Congress passed CALEA that the FBI's expansive reading of the law has been challenged directly.

CALEA was originally intended to preserve wiretapping in new digital networks, but the FBI is now attempting to use the law improperly to expand its surveillance capabilities, CDT argued in a March 26 petition to the FCC. The privacy interests of all Americans have been overlooked in disputes between industry and law enforcement over the implementation of CALEA, CDT stressed.

CALEA calls for the telecommunications industry to comply with its terms by Oct. 25, 1998. CDT argued, however, that compliance with the law is not reasonably achievable by that date and should be delayed while the FBI's demands are scaled back.

The day after CDT filed its petition, the FBI asked the Commission to require telecommunications companies to add even more monitoring capabilities to their network switches than they have agreed to add so far. Later, telecommunications companies and industry associations also filed petitions with the FCC, arguing that they cannot meet CALEA's October deadline because disputes with the FBI about the law's meaning have delayed their ability to design ways to comply with the law.

In its notice, the FCC requested that interested parties explain their views of CALEA 'based on existing privacy laws and their legislative history.' This request means that CDT will now have the opportunity to demonstrate how privacy principles require a narrow interpretation of CALEA -- in other words, an interpretation that excludes the enhancements sought by the FBI.

The Commission set short deadlines for comment on the issues raised by the implementation of CALEA. Comments on the difficulty of meeting the compliance date are due by May 8. Comments on the privacy issues are due by May 20. The full text of the FCC's notice can be found at: http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980762.txt

The Center for Democracy and Technology, a non-profit organization, is dedicated to developing public policy solutions that advance civil liberties and democratic values in the new computer and communications media.