On Sat, 19 Jun 2004, Cade,Marilyn S - LGCRP wrote:
Jim Dempsey's testimony at Senator Sununu's hearing is very interesting, and very educational on these issues.
CALEA was not written for the IP world.
When CALEA was being written, the Internet, IP and information services were all debated.
But, the facts are that IP service providers comply with law enforcement's requests. IF more legal vehicles are needed, beyond what law enforcement has today, then Congress should make that determination.
CALEA doesn't reduce law enforcement's wiretap authority or the obligation for carriers to provide technical assistance under Title III or ECPA or other statutes. Law enforcement has been conducting wiretaps for decades prior to the passage of CALEA. Law enforcement has been using Title III and ECPA to tap e-mail, internet communications, pagers, etc for years. The FBI even demostrated its Canivore DSC1000 box at NANOG in Washington DC a few years ago. A SPAN port could satisfy an ISP's obligations under TitleIII/ECPA, but not satisfy CALEA.