-Caveat Lector-
It seems that the FBI is more into making national policy than in the investigation of
crime. Soon, no doubt they will want a hand in deciding who should be serving pizza
to ensure the safety of our collective tummies.
On Tue, 17 April 2001, radman wrote:
>
> -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
>
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