-Caveat Lector- FCC Nixes FBI's Plan To Change Wiretap Law http://www.newsbytes.com/news/01/164541.html By Brian Krebs, Newsbytes WASHINGTON, D.C., U.S.A., 16 Apr 2001 The Federal Communications Commission (FCC) today denied an FBI request to change a federal eavesdropping statute, a move that would have forced telecom carriers to keep a tighter leash on employees who carry out court-ordered wiretaps. The FBI had asked the commission for "more effective personnel security obligations" at telecom companies to "ensure the trustworthiness of the private-company employees who have become increasingly responsible for implementing electronic surveillance." The additional security steps would have required carriers to maintain a list of personal information on employees who conduct wiretaps. Carrier employees would also have to sign nondisclosure agreements and agree to undergo thorough background checks by the FBI. The added rules also would have required carriers to report breaches of systems security within two hours. In justifying its refusal to implement the FBI's request, the FCC said most carriers already have adequate employee security measures in place. "Several carriers object to the suggestion they might not be responsible in controlling their own employees or that their employees might present security risks," the commission said. At issue is the Communications Assistance for Law Enforcement Act (CALEA), a 1994 statute that required wire-line and wireless telephone companies to build law enforcement surveillance capabilities into their newer digital communications systems. In 1998, the FCC granted an FBI request to include a punch list of four additional eavesdropping capabilities, to keep up with changes in technology - most notably digital or wireless transmission modes, or features and services such as call forwarding, speed dialing and conference calling. Several privacy groups and telecom industry associations later sued to overturn the law. Last August, the Federal Court of Appeals for the District of Columbia ruled that in implementing the punch list requirements, the FCC did not adequately consider the privacy or cost implications of the requirements. The court overturned the punch list items and ordered the FCC to justify the new items in light of the privacy and cost concerns. The FCC solicited and received comments on both issues last December, but it has yet to issue its justification as ordered by the court. "They have whatever time they choose to take and come up with justification for costs and the privacy issue," said Michael Warren, former chief of the FBI's CALEA Implementation Bureau, and director of Telecommunications and Law Enforcement Associates, consulting firm. Warren said while the deadline for compliance with the punch list requirements had been set at Sept. 31, that date would almost certainly be pushed back. He noted that most companies have yet to fully comply with even the basic statutes required by CALEA, let alone those that have been overturned by an appeals court. "The good thing is they haven't imposed new, more burdensome requirements that in our view added nothing to the integrity of this whole process," said Michael Altschul, vice president and general counsel for the Cellular Telecommunications Industry Association (CTIA). FCC officials were unavailable for comment on this story. But industry sources note that the punch list remand is being handled by the FCC's Wireless Bureau, which now has more deadline-oriented spectrum issues to resolve before even considering industry comments on the matter. Sources say the FCC could issue its revised rulemaking on the punch list items as early as this fall. To view the FCC release on this topic, visit: http://www.fcc.gov/Daily_Releases/Daily_Business/2001/db0416/fcc01126.txt <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! These are sordid matters and 'conspiracy theory'—with its many half-truths, mis- directions and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRLgives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply. 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