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.
  • exemptions
  • exceptions
  • cost recovery

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

FCC 05-153 First Report and Order

  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-153A1.pdf
  • Written in response to a petition for expedited rulemaking filed by the DOJ, FBI, and DEA.
  • CALEA applies to "facilities-based broadband Internet access providers and providers of interconnected voice over Internet Protocol (VoIP) service."
  • The CALEA definition of "telecommunications carrier" is broader than under the Communications Act of 1934.
  • The service must be "a replacement for a substantial portion of the local telephone exchange service." They claim Internet access used to be dial-up and therefore services that provide internet access meet the substantial replacement provision (SRP).
  • "establishments that acquire broadband Internet access service from a facilitiesbased provider to enable their patrons or customers to access the Internet from their respective establishments are not considered facilities-based broadband Internet access service providers subject to CALEA under the SRP. We note, however, that the provider of underlying facilities to such an establishment would be subject to CALEA."
    Footnote 99 says "Examples of these types of establishments may include some hotels, coffee shops, schools, libraries, and bookstores."

FCC-06-56A1 Second Report and Order

  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-56A1.pdf
  • "addresses these questions and issues and specifies what telecommunications providers must do to facilitate electronic surveillance of their equipment, facilities, and services by LEAs, pursuant to court orders or other lawful authorization."
  • compliance solutions may include "safe harbor" standards or "trusted third party"

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.

  • Faclulty/Staff
  • Students (some resident)
  • Hotel guests
  • Sponsored wireless users
    • PB: Money is charged, but I think the sponsoring department pays it and not a member of the general esconfluence.
  • Library patrons - Public access is somewhat restricted to services that require authentication or services that are open to all.
    • PB: Some libraries are exempt. It could be argued that CNS is the library's ISP.
  • Modem Pool
    • PB: We do charge individuals for this, but they must be a member of the university community.
  • MSAP customers
  • Others - Nothing prevents anyone from providing access to whomever they want.
  • VCOMM

Network Equipment/Architecture

  • The standards for compliance of broadband packet equipment have not been defined yet.
  • Provide different internet connections for some places (e.g. hotel)?
  • Have ISP provide the router at our end of the connection?

External Needs

  • Top priority is to identify the legal authority who's guesswork we want to believe.
  • No labels