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ARTICLE · 25 AUGUST 2004

New VoIP CALEA Rules

Law Offices Of Thomas K. Crowe, P.C.
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On August 9, 2004, the Federal Communications Commission (FCC) released a<U> Notice of Proposed Rulemaking and Declaratory Ruling</U> (<U>NPRM and Ruling</U>) which lay out the agency's proposed approach to implementing a legal framework for the Communications Assistance for Law Enforcement Act (CALEA), particularly with respect to packet-mode technologies such as VoIP.  The FCC's actions, on which it is seeking industry comment, are intended to advance legal and policy proposals wi

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Article by Thomas K. Crowe, Esq. 1

On August 9, 2004, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking and Declaratory Ruling (NPRM and Ruling) which lay out the agency's proposed approach to implementing a legal framework for the Communications Assistance for Law Enforcement Act (CALEA), particularly with respect to packet-mode technologies such as VoIP.  The FCC's actions, on which it is seeking industry comment, are intended to advance legal and policy proposals with respect to CALEA with an emphasis on the applicability of CALEA to VoIP services and broadband Internet access.

Background

Enacted in October 1994, CALEA was intended to preserve the ability of law enforcement agencies to conduct electronic surveillance by requiring that "telecommunications carriers" and manufacturers of such equipment modify and design their equipment, facilities, and services to ensure that they have the required surveillance capabilities.  Section 103 of

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