The FCC issued yesterday its detailed definitions of what types of
services are and are not subject to CALEA requirements:
http://cryptome.org/fcc101299.txt
This was issued in an attempt is to answer questions from
respondents about what is a "telecommunications carrier."
Excerpts:
"5. CALEA also makes clear that its requirements do not apply to
certain entities and services. Subsection 102(8)(C) of the definition
specifically excludes information services, and the legislative history
makes clear that CALEA does not apply to private network services:
[T]elecommunications services that support the transport or switching
of communications for private networks or for the sole purpose of
interconnecting telecommunications carriers * * * need not meet any
wiretap standards. PBXs are excluded. So are automated teller
machine (ATM) networks and other closed networks. Also excluded
from coverage are all information services, such as Internet service
providers or services such as Prodigy and America-On-Line.
All of these private network systems or information services can be
wiretapped pursuant to court order, and their owners must cooperate
when presented with a wiretap order, but these services and systems
do not have to be designed so as to comply with the capability
requirements.
It is unnecessary to adopt the FBI's recommendation not to use the
adverb ``indiscriminately'' in clarifying the definition of
telecommunications
carrier. The FBI is concerned that the inclusion of this term may allow
companies that hold themselves out to serve only particular groups to
undermine CALEA, intentionally or inadvertently, by creating a loophole
that would permit criminals to use telecommunications providers that
do not indiscriminately offer their services to the public."
[End excerpts]
