Agenda Welcome – Don Welch Introduction to CALEA – Mary McLaughlin Non-CALEA Assistance Obligations – Beth Cate CALEA Update – Matt Brill Making the Compliance Decision – Panel CALEA Filings – Mary McLaughlin Market Survey of Compliance Services – Rob Golden Review of Applicable Standards – Manish Karir Merit’s Proposed Solution – Mary McLaughlin and Manish Karir

Introduction to CALEA Mary Eileen McLaughlin Merit – Director of Technical Operations

Brief History of Telecom Surveillance Since the Telecom Act of 1934, courts have been able to allow law enforcement to wiretap Title III of the Safe Streets Act of 1968 –Outlawed electronic surveillance by private parties –Authorized it for law enforcement with court order Electronic Communications Privacy Act of 1986 extended Title III, –Privacy provisions and wiretapping power to , cell phones, pagers Note: These are the laws by which wiretaps can be allowed—and that also protect against unlawful snooping

CALEA isn’t New in 2006/07 In 1994, the Communications Assistance for Law Enforcement Act (CALEA) was passed Specified the duties of telecommunications carriers in responding to wiretap orders Was a means to respond to emerging technologies –Law enforcement foresaw deteriorating value in wiretaps as communication became digital –Wanted to ensure that wiretaps could still be useful as new technologies emerged

Old CALEA’s New Reach In March 2004, DoJ, DEA and FBI petitioned the FCC to expand CALEA so carriers of new media are equally subject to CALEA –To cover Internet, VoIP, text chat, etc. –The technologies carrying those protocols weren’t built to allow ready wiretapping—so legitimate court orders could become unusable In September 2005 FCC responded with First Report and Order concluding CALEA applies to –“Facilities-based broadband Internet providers and –providers of interconnected voice over Internet Protocol (VoIP) service.” cont.

CALEA’s New Reach, cont. Late 2005 ACE, EDUCAUSE and others requested review from U.S. Appeals Court May 3, 2006 FCC Second Report, Memorandum Opinion and Order to issued –Ensured that Law Enforcement Agencies (LEA) have all of the resources that CALEA authorizes with regard to facilities-based broadband Internet access providers (ISP) and interconnected VoIP providers. –ISPs and VoIP providers are required to be able and prepared to respond to wiretap orders In June 2006, the Appeals Court upheld the new FCC guidelines

CALEA Specifics CALEA establishes that carriers are required to be able and prepared to respond to wiretap orders –Procedures and contacts in place –Technological capabilities in place CALEA is about carriers being prepared to respond in predictable ways to court orders CALEA does not make it easier to get a wiretap order CALEA is a statute, not a technology Carriers will implement solutions believed to be compliant LEA will file “deficiency petitions” if not satisfied

CALEA-Compliant Technology CALEA does not specifically describe the technology to be used to enable wiretapping Neither does the FCC or law enforcement The law generically describes necessary capabilities and responsibilities –Leaves it to industry, law enforcement, FCC to hash out details Carriers and vendors create “safe harbor” standards that will satisfy law enforcement –TIA and ATIS are producing standards under ANSI (American National Standards Institute) –Review of Draft Std. PTSC-LAES R6

Who Needs to Comply? Legal opinion is necessary –Many considerations –Matt Brill will discuss some But under these new rules these entities need to comply: –Facilities-based providers of broadband Internet access –Interconnected VoIP service providers New rules expand carrier definition –Note that “carrier” is unique to CALEA, not a definition from the Telecom Act of 1996

Compliance Steps Establish policies and procedures for employee supervision and control Maintain secure and accurate records Submit policies and procedures for FCC review –To be discussed later in agenda –February 12 th and March 12 th are due dates Build “assistance capability requirements” –Comply with published technical requirements or industry “safe harbor” standard

Agenda Welcome – Don Welch Introduction to CALEA – Mary McLaughlin Non-CALEA Assistance Obligations – Beth Cate CALEA Update – Matt Brill Making the Compliance Decision – Panel CALEA Filings – Mary McLaughlin Market Survey of Compliance Services – Rob Golden Review of Applicable Standards – Manish Karir Merit’s Proposed Solution – Mary McLaughlin and Manish Karir