Is there a standard for the captured data and do you have to use it to
be CALEA compliant?
Individual carriers are free to choose any technical solution that meets
the assistance capability
requirements of CALEA, whether based on an industry standard or not.
Carriers, therefore, have some
degree of flexibility in deciding how they will comply with the section
103 requirements.20 Subsection
107(a)(2) of CALEA contains a "safe harbor" provision, stating that "[a]
telecommunications carrier shall
be found to be in compliance with the assistance capability requirements
under section 103, and a
manufacturer of telecommunications transmission or switching equipment
or a provider of
telecommunications support services shall be found to be in compliance
with section 106, if the carrier,
manufacturer, or support service provider is in compliance with publicly
available technical requirements or
standards adopted by an industry association or standard-setting
organization, or by the Commission under
subsection (b), to meet the requirements of section 103."
The above demonstrates that no standard is required. However, if you
want "safe harbor" then you really need to use a standard. To date, only
ATIS's standard has been approved for safe harbor. Any additional
standards need to be submitted for review and approval. My understanding
is the DoJ is the agency that must ultimately sign off as the FBI's sign
off does not get you all the way.
Is WISPA going to have an approved standard that provides safe harbor in
time for Monday? If you aren't waiting on WISPA, ask your CALEA vendor
is they are using the ATIS standard. If not, find out if they will
provide a written statement regarding safe harbor. If you can't get safe
harbor through using a CALEA vendor then why not just take your chances
with PCAP? Ask your attorney.
I spoke with a number of CALEA vendors today and most seem willing to
admit that you can't achieve safe harbor with their equipment. Watch out
for limited liability clauses like the following:
SOLERA NETWORKS, INC. IS NOT RESPONSIBLE FOR YOUR ORGANIZATION'S
COMPLIANCE WITH CALEA. SOLERA NETWORKS, INC. WILL NOT PAY ANY FEES,
FINES, OR OTHER COSTS ASSOCIATED WITH YOUR COMPLIANCE EFFORTS
--------------------
Here are some interesting stats from 2004 regarding intercepts. One can
only assume the numbers will increase dramatically after May 14th.
Authorized intercept orders: 1,710
Federal: 730
State: 980
Average duration: 43 days
Longest duration: 390 days
Average cost: $63,011
-Matt
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