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Terry Hartle American Council on Education

Communications Assistance for Law Enforcement Act & Higher Education: or How I Learned to Stop Worrying and Love Wiretaps. Terry Hartle American Council on Education. 1. Overview. What is CALEA? What has happened? What is the central problem? What are our arguments? What can you do?. 2.

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Terry Hartle American Council on Education

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  1. Communications Assistance for Law Enforcement Act & Higher Education: or How I Learned to Stop Worrying and Love Wiretaps Terry Hartle American Council on Education 1

  2. Overview • What is CALEA? • What has happened? • What is the central problem? • What are our arguments? • What can you do? 2

  3. What is CALEA? • Communications Assistance for Law Enforcement Act • Became law in 1994 • Requires providers of commercial voice services to engineer their networks in such a way as to assist law enforcement agencies to install wiretaps pursuant to a valid subpoena. • Does not mention Internet or World Wide Web. 3

  4. What has happened?Regulatory activity • March 2004: Justice Department asks FCC if CALEA covers Internet service providers. • August 2005: FCC says yes, but does not specify how to comply. • October 14, 2005: Notice of proposed rulemaking published in Federal Register. • Two possible exemptions: educational networks and small rural telephone providers. • Comments due on November 14, 2005. About 25 comments are filed. • November 14, 2005: ACE, EDUCAUSE and outside counsel meet with FCC and Justice Department. 4

  5. What has happened?Legal Activity • October 24, 2005: ACE, EDUCAUSE and others file an appeal of FCC order in Federal Circuit Court for D.C. • October 25, 2005: ALA, ARL, CDT and others file an appeal of FCC order. • October 27, 2005: Appeals consolidated. • November 28, 2005: Procedural motion due in court. • December 12, 2005: FCC reply comments due. • No date set for filing of full briefs or for hearing. 5

  6. What is the central problem? • FCC has established a binding legal obligation and set a deadline for compliance without specifying how to comply. • We do not know the scope of the obligation or the technical capabilities we will have to meet. 6

  7. What is our argument? • Legal arguments: • CALEA does not apply to the Internet. • CALEA specifically exempts private networks and information services. • FCC did not consider administrative cost and burden. • Administrative discussions. 7

  8. What can you do? • Letter to FCC on proposed regulations by December 12, 2005. • Can be filed electronically through FCC website. • Individual anecdotal comments would be helpful. 8

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