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The Center for Democracy and Technology /____/ Volume 4, Number 19
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A briefing on public policy issues affecting civil liberties online
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CDT POLICY POST Volume 4, Number 19 September 14, 1998
CONTENTS: (1) FCC Delays CALEA Until June 2000, Big Privacy Fight Ahead
(2) FCC Blocks -- for Now -- Expansions Sought by FBI
(3) Privacy Issues Next
(4) How to Subscribe/Unsubscribe
(5) About CDT, Contacting us
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|PLEASE SEE END OF THIS DOCUMENT FOR INFORMATION ABOUT HOW TO
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_____________________________________________________________________________
(1) FCC Delays CALEA Until June 2000, Big Privacy Fight Ahead
The Federal Communications Commission on Friday, September 11 delayed until
June 30, 2000 the effective date of CALEA, the 1994 law requiring telephone
carriers to modify their equipment to ensure law enforcement agencies can
continue to carry out wiretaps and other surveillances on digital switches.
The law had been scheduled to take effect on October 25 of this year. The
Commission gave carriers an additional 20 months to complete modifications
needed to preserve law enforcement capabilities. The FCC delayed
indefinitely implementation of certain expansions in wiretap capability
sought by the FBI, including the ability to track wireless phone users,
until the Commission could undertake a separate inquiry into the privacy
implications of the FBI's demands.
The Commission's order and supporting documents are on-line in full text at
http://www.cdt.org/digi_tele/FCC911.html
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(2) FCC Blocks -- for Now -- Expansions Sought by FBI
The order means that carriers will not be required -- yet anyhow -- to
build location tracking capabilities and capabilities to intercept
packet-switch communications until the Commission has a chance to rule on
the privacy issues at stake. CDT was concerned that the FBI was using the
looming deadline to force carriers to build capabilities that were not
required by the act and which were under challenge. This ruling should
freeze the development of the special surveillance features that the FBI
wanted until the privacy issues are resolved.
The extension is an important step, a recognition that compliance with
CALEA is not possible at this time given the confusion and delay generated
by the FBI's demands, but now we are in for a big fight over the privacy
issues.
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(3) Privacy Issues Next
The next phase of the Commission's proceeding will address the privacy
issues. It will set the precedent for the future of privacy in the
nation's communications systems, including technologies still under
development. Will phone companies have to include surveillance features
demanded by law enforcement without regard to the balancing factors of cost
and privacy as Congress intended?
The FBI is still pushing to turn wireless phones into location tracking
devices. We are certain that Congress did not intend to turn cell phones
into tracking devices. But regardless of how the Commission ultimately
rules on this one, Congress should increase the legal standard for
government access to location information, since currently the standard for
ordering a carrier to turn on a tracking capability is too low, allowing
the government to track people who are not even suspected of criminal
conduct.
For further information
Full background on CALEA can be found at CDT's digital telephony page,
http://www.cdt.org/digi_tele/
_____________________________________________________________________________
(4) SUBSCRIPTION INFORMATION
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(5) ABOUT THE CENTER FOR DEMOCRACY AND TECHNOLOGY/CONTACTING US
The Center for Democracy and Technology is a non-profit public interest
organization based in Washington, DC. The Center's mission is to develop
and advocate public policies that advance democratic values and
constitutional civil liberties in new computer and communications
technologies.
Contacting us:
General information: info@cdt.org
World Wide Web: http://www.cdt.org/
Snail Mail: The Center for Democracy and Technology
1634 Eye Street NW * Suite 1100 * Washington, DC 20006
(v) +1.202.637.9800 * (f) +1.202.637.0968
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End Policy Post 4.19 9/14/98
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Ari Schwartz
Policy Analyst
Center for Democracy and Technology
1634 Eye Street NW, Suite 1100
Washington, DC 20006
202 637 9800
fax 202 637 0968
ari@cdt.org
http://www.cdt.org
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