ELSUR = Electronic Surveillance
Frank Muto
President
FSM Marketing Group, Inc
www.SecureEmailPlus.com
ISPCON Spring 2007
May 23-25 in Orlando, FL.
LaunchPad Pavilion J
----- Original Message -----
From: "Mark Koskenmaki" <[EMAIL PROTECTED]>
To: "WISPA General List" <wireless@wispa.org>
Sent: Friday, April 27, 2007 7:54 PM
Subject: Re: [WISPA] Re: CALEA
----- Original Message -----
From: "Matt Liotta" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Cc: "WISPA General List" <wireless@wispa.org>
Sent: Friday, April 27, 2007 4:03 PM
Subject: [WISPA] Re: CALEA
Getting the data for the LEA is just one part of compliance. What about
the more practical issues?
CALEA requires:
Establishment of policies and procedures for supervision and control of
officers and employees
Who's got a coupel days to write legalese documents that detail everyting
they wanna know?
Designating a 24/7/265 POC for the LEA
This means that no one or two man WISP can be compliant, unless you hire
an
answering service, and have people on contact, or else have two of you on
duty 365 days a year, 12 hours a day. One man can't do it himself.
Validating legal authorization for the ELSUR
What's ELSUR? I thought I'd managed to uncover all the acronyms
already..
Guess not.
Maintaining secure and accurate records
A summary of all the records you have to maintain would be helpful.
Reporting any CALEA security breaches
AND... filling with the FCC how you are going to do the above.
Not implementing the policies and procedures may result in legal
liability.
Assuming you have all that is needed to be compliant how do you actually
comply with an order? You are going to at least need to collect the
following information:
Telephone number/circuit ID
Start date/time
Officer presenting order
Judge issuing order
Type of ELSUR
Supervising carrier personnel
Certification of “senior official...”
Subscriber name
Date/time order served
Court issuing order
Court docket/file number
Law enforcement officers authorized to receive info
LEA contact numbers
Carrier employees involved
And what about the warrant's validity? CALEA requires the carrier to
determine the following:
Does the Court have jurisdiction over Carrier?
Does the Court Order provide for Technical Assistance?
Has the Court provided for compensation?
If problems arise, how does the carrier address the issues –
inside/outside counsel, Service Bureau, etc
Just in case you are wondering, acting on an invalid subpoena is $1,000
min fine. Further, if you are acting in bad faith, the court can create,
at carrier expense, a court-supervised monitor of your compliance to
ensure due diligence. Any violations detected by the monitor can result
in additional fines.
-Matt
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