The Communications Assistance for Law Enforcement Act (CALEA)
The Communications Assistance for Law Enforcement Act (CALEA), also known as the “Digital Telephony Act,” is a United States wiretapping law passed in 1994. CALEA enhances the ability of law enforcement agencies to conduct lawful interception of communication by requiring that telecommunications carriers and manufacturers of telecommunications equipment modify and design their equipment, facilities, and services to ensure that they have built-in capabilities for targeted surveillance. [1, 2]
Key Facts
- Surveillance Capabilities: CALEA requires telecommunications carriers and manufacturers of telecommunications equipment to design their equipment, facilities, and services with built-in capabilities for targeted surveillance.
- Law Enforcement Cooperation: CALEA clarifies the duty of telecommunications carriers to cooperate in the interception of communications for law enforcement purposes.
- Wiretapping and Monitoring: The Act enables law enforcement agencies to tap any phone conversations carried out over telecommunications networks and access call detail records.
- Internet and VoIP Coverage: CALEA has been extended to cover broadband Internet and Voice over Internet Protocol (VoIP) traffic, allowing for surveillance of digital communications.
- Network Upgrades: The original reason for adopting CALEA was to address concerns that increasing use of digital telephone exchange switches would make tapping phones at the phone company’s central office harder or impossible. The Act included funding for a limited time period to cover network upgrades.
CALEA’s purpose is to clarify the duty of telecommunications carriers to cooperate in the interception of communications for law enforcement purposes. [1] The Act enables law enforcement agencies to tap any phone conversations carried out over telecommunications networks and access call detail records. [1] CALEA has been extended to cover broadband Internet and Voice over Internet Protocol (VoIP) traffic, allowing for surveillance of digital communications. [1]
The original reason for adopting CALEA was to address concerns that increasing use of digital telephone exchange switches would make tapping phones at the phone company’s central office harder or impossible. [2] The Act included funding for a limited time period to cover network upgrades. [2]
Surveillance Capabilities
CALEA requires telecommunications carriers and manufacturers of telecommunications equipment to design their equipment, facilities, and services with built-in capabilities for targeted surveillance. [1] This allows law enforcement agencies to selectively wiretap any telephone traffic. [1]
Law Enforcement Cooperation
CALEA clarifies the duty of telecommunications carriers to cooperate in the interception of communications for law enforcement purposes. [1] Carriers must make it possible for law enforcement agencies to tap any phone conversations carried out over its networks, as well as making call detail records available. [1]
Wiretapping and Monitoring
CALEA enables law enforcement agencies to tap any phone conversations carried out over telecommunications networks and access call detail records. [1] The act stipulates that it must not be possible for a person to detect that his or her conversation is being monitored by the respective government agency. [1]
Internet and VoIP Coverage
CALEA has been extended to cover broadband Internet and Voice over Internet Protocol (VoIP) traffic. [1] This allows for surveillance of digital communications. [1]
Network Upgrades
The original reason for adopting CALEA was to address concerns that increasing use of digital telephone exchange switches would make tapping phones at the phone company’s central office harder or impossible. [2] The Act included funding for a limited time period to cover network upgrades. [2]
References
[1] Communications Assistance for Law Enforcement Act (CALEA) [https://www.fcc.gov/calea]
[2] Communications Assistance for Law Enforcement Act – Wikipedia [https://en.wikipedia.org/wiki/Communications_Assistance_for_Law_Enforcement_Act]
FAQs
What is CALEA?
CALEA stands for the Communications Assistance for Law Enforcement Act, a United States wiretapping law passed in 1994.
What is the purpose of CALEA?
CALEA enhances the ability of law enforcement agencies to conduct lawful interception of communication by requiring that telecommunications carriers and manufacturers of telecommunications equipment modify and design their equipment, facilities, and services to ensure that they have built-in capabilities for targeted surveillance.
What are the key provisions of CALEA?
CALEA requires telecommunications carriers to make it possible for law enforcement agencies to tap any phone conversations carried out over its networks, as well as making call detail records available. CALEA has been extended to cover broadband Internet and Voice over Internet Protocol (VoIP) traffic, allowing for surveillance of digital communications.
What was the original reason for adopting CALEA?
The original reason for adopting CALEA was to address concerns that increasing use of digital telephone exchange switches would make tapping phones at the phone company’s central office harder or impossible.
How has CALEA been expanded since its original enactment?
CALEA has been expanded to cover broadband Internet and Voice over Internet Protocol (VoIP) traffic, allowing for surveillance of digital communications.
What are some of the concerns that have been raised about CALEA?
Some concerns that have been raised about CALEA include the potential for abuse by law enforcement agencies, the cost of compliance for telecommunications carriers, and the impact on privacy.
How does CALEA balance the need for law enforcement to conduct surveillance with the right to privacy?
CALEA includes a number of provisions designed to protect the privacy of individuals, such as requiring law enforcement agencies to obtain a warrant before conducting surveillance and limiting the amount of information that can be collected.
What are the penalties for violating CALEA?
Violations of CALEA can result in civil and criminal penalties.