CALEA: The Communications Assistance for Law Enforcement Act

1. CALEA:The Communications Assistance for Law Enforcement Act Doug Carlson, Executive Director, Communications and Computing Services, NYU Mark Luker, Vice President, EDUCAUSE Nancy Tribbensee, Associate Vice President for Legal Affairs, ASU Wendy Wigen - Moderator

2. What is CALEA? CALEA is the Communications Assistance for Law Enforcement Act. It was originally enacted in 1994. It requires providers of commercial voice services to engineer their networks in such a way as to assist law enforcement agencies in executing wiretap orders. Until August 5, 2005 that is…..

3. CALEA: New Report and Order On August 5, 2005, in response to a request by law enforcement, the FCC voted to extend CALEA to include facilities-based Internet service providers. Facilities-based Internet service providers are defined as: "entities that provide transmission or switching over their own facilities between the end user and the Internet Service Provider."

4. Law Enforcement The Internet is increasingly the communication of choice for criminal activity Legal intercepts need to be easier and less expensive for LE An “exempt” system is a magnet for criminal activity Education and Libraries Congress should decide not the FCC or DoJ LE has sufficient access now Cost to comply can’t be justified Will slow innovation Arguments for/against extending CALEA to ISPs

5. Two Part Decision • Part #1: Decided: CALEA does apply to ISPs and all facilities-based Internet service providers are covered. Full compliance is required in 18 months.. • Part #2: Still to be decided: What will be required (standards of compliance) and will there be an “special cases” allowed (i.e. small rural providers or education and research networks).

6. Currently underway • Petition for Review with the Federal Court of Appeals • Comments to the FCC on “Part #2” of the CALEA ruling • Continued negotiations with the DoJ on a compromise position.

7. Current Proposal: • Single point-of-contact • Standard procedures established • 24x7 assistance available • Personnel trained in procedural, legal and technical demands of assisting legal intercepts. • Some gateway equipment would be replaced, but only under the normal replacement cycle

8. CALEA Tech Group • Doug Carlson (Chair), NYU • Mark Luker: EDUCAUSE liaison • Pete Siegel, UIUC • Mike Corn, UIUC • Clair Goldsmith, UT System • Wayne Wedemeyer, UT Austin • David Walker, UCOP • Shaun Abshere, WiscNet • Ron Johnson, ARENs • Eric Boyd, Internet2

9. How might a request work? Access Function Telecommunication Service Provider (Switch collects Lawful Intercept data) Service Provider Administration (Turn on Lawful Intercept feature of switch) Delivery Function Lawful Authorization (Securely deliver information to LEA) (Order generated) Law Enforcement Administration Collection Function Law Enforcement

10. CALEA FAQ • Where can I find out more? • Educause • http://www.educause.edu/calea • AskCALEA • http://www.askcalea.net/ • FCC • http://www.fcc.gov/calea/ • Selected vendor information • “Cisco Service Independent Intercept Architecture” (sign on required to access on Cisco web site) • RFC 3924 • http://www.apps.ietf.org/rfc/rfc3924.html