I finally got to talk to someone at the FCC about CALEA. Unfortunately that
discussion raised more questions than it answered. I'll continue to work
some new directions that I've been given though. I hope to have more in a
week or three.
What I DO know is that there isn't a data retention requirement. We're not,
under CALEA required to keep all records of all customer's electronic
"conversations" as some had feared. It's an electronic wiretap. A wiretap
has specific requirements etc. under the law. It also has a start and stop
If law enforcement comes to you and says "We have a warrant for a wiretap on
x customer from x date and time till y date and time." you have to make it
possible for them to do this.
Sooo, now we have to figure out HOW to comply with that requirement.
CALEA does NOT, repeat NOT, require that we store customers email
transactions, emails, ip connections or anything else of that nature. Law
enforcement may WANT us to, but under CALEA we don't have to. There may be
other laws, federal, state, or local that requires it, but CALEA doesn't.
Now, having said all of that. WISPA will continue to dig out info on
exactly what the ISP, and specifically the WISP, industry has to do. It'll
clearly cost some money as I also learned that the only way we're going to
get a clear answer on our requirements based on our specific industry
segment is to hire "competent legal council". I had HOPED that we could
come up with a WISP specific FAQ like we did for the form 477, alas, that's
not to be though.
If you haven't joined WISPA we need you to now. We're gonna have to spend
some money on this to do it right. Join us, or at least toss some
discretionary spending our way.....
I'll update folks as I get more info.
Here are a couple of the places I was told to start with though:
(509) 982-2181 Equipment sales
(408) 907-6910 (Vonage) Consulting services
42846865 (icq) And I run my own wisp!
WISPA Wireless List: email@example.com