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: 1) CALEA does not apply to the Internet. 2) CALEA specifically exempts private networks and information services. 3) 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