Pointers to discussion on who is or isn't exempt from CALEA requirements.

CALEA Background

This section covers the actual law, FCC rules, and the courts. It is intended to be the factual basis for the opinions placed in the other sections that follow.

The Law

(8) The term `Telecommunications carrier'--

    (A) means a person or entity engaged in the transmission or switching of wire or electronic communications
        as a common carrier for hire; and 

    (B) includes--

         (i) a person or entity engaged in providing commercial mobile service (as defined in section 332(d) of
             the Communications Act of 1934 (47 U.S.C. 332(d))); or
        (ii) a person or entity engaged in providing wire or electronic communication switching or transmission
             service to the extent that the Commission finds that such service is a replacement for a substantial
             portion of the local telephone exchange service and that it is in the public interest to deem such a
             person or entity to be a telecommunications carrier for purposes of this title; but

    (C) does not include--

         (i) persons or entities insofar as they are engaged in providing information services; and
        (ii) any class or category of telecommunications carriers that the Commission exempts by rule after consultation
             with the Attorney General.

So, are we or are we not a `Telecommunications carrier'?

FCC 05-153 First Report and Order

FCC-06-56A1 Second Report and Order

The Courts

Interpretations, Opinions, Advice

EDUCAUSE letter of 23 Aug 2006

http://www.educause.edu/ir/library/pdf/EPO0656.pdf

  1. The preponderance of FCC and court guidance is that campus networks are private and exempt, the few possible exceptions being some involved in broader ISP-like activities and some that provide their own connection to the Internet (in a certain manner as yet not clearly defined). Although it did not explicitly rule on the ACE petition for exclusion of campus networks, the Court stated: "The Order on review - like CALEA - expressly excludes 'private networks' from its reach. ... If and when the Commission expands its interpretation, the aggrieved party can bring a petition for review at that time."
  2. Even if private networks are ultimately required to be CALEA compliant, in a court brief the FCC clarified that compliance would apply only to gateway equipment, not to a campus network's internal parts. The FCC's most recent report (http://www.educause.edu/ir/library/pdf/EPO0634.pdf ) released on May 12, reaffirmed May 14, 2007 as the deadline for networks covered by CALEA to become compliant. However, no standards for compliance have yet been published, and no "CALEA compliant" network equipment for colleges and
    universities exists.
  3. It is also worth noting that even the reporting requirements mentioned in the FCC orders for those few institutions that must be CALEA compliant are NOT yet in effect. It will be a matter of at least three months before any such requirements must be considered by any institutions that must comply.
  4. Although not directly related to CALEA, higher education institutions and libraries remain obligated to assist law enforcement with lawful intercepts under Title 18 and associated regulations and have long cooperated in this regard. Campuses might now review their procedure for receiving and responding to a
    court-ordered information intercept by law enforcement, including a designated campus contact, and personnel who can help law enforcement with, for instance, phone closet access.

ALA

VT Info

The FCC claims "facilities-based broadband Internet access providers and providers of interconnected voice over Internet Protocol (VoIP) service" are subject to CALEA. The ultimate goal is to determine if we are such a provider.

User Communities

"Private networks" are exempt from CALEA. The user community served seems to be important in determining that. Here are the general classes of users we have identified.

Network Equipment/Architecture

External Needs