Collapse to view only § 1002. Assistance capability requirements
- § 1001. Definitions
- § 1002. Assistance capability requirements
- § 1003. Notices of capacity requirements
- § 1004. Systems security and integrity
- § 1005. Cooperation of equipment manufacturers and providers of telecommunications support services
- § 1006. Technical requirements and standards; extension of compliance date
- § 1007. Enforcement orders
- § 1008. Payment of costs of telecommunications carriers to comply with capability requirements
- § 1009. Authorization of appropriations
- § 1010. Reports
§ 1001. DefinitionsFor purposes of this subchapter—
(1) The terms defined in section 2510 of title 18 have, respectively, the meanings stated in that section.
(2) The term “call-identifying information” means dialing or signaling information that identifies the origin, direction, destination, or termination of each communication generated or received by a subscriber by means of any equipment, facility, or service of a telecommunications carrier.
(3) The term “Commission” means the Federal Communications Commission.
(4) The term “electronic messaging services” means software-based services that enable the sharing of data, images, sound, writing, or other information among computing devices controlled by the senders or recipients of the messages.
(5) The term “government” means the government of the United States and any agency or instrumentality thereof, the District of Columbia, any commonwealth, territory, or possession of the United States, and any State or political subdivision thereof authorized by law to conduct electronic surveillance.
(6) The term “information services”—
(A) means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications; and
(B) includes—
(i) a service that permits a customer to retrieve stored information from, or file information for storage in, information storage facilities;
(ii) electronic publishing; and
(iii) electronic messaging services; but
(C) does not include any capability for a telecommunications carrier’s internal management, control, or operation of its telecommunications network.
(7) The term “telecommunications support services” means a product, software, or service used by a telecommunications carrier for the internal signaling or switching functions of its telecommunications network.
(8) The term “telecommunications carrier”—
(A) means a person or entity engaged in the transmission or switching of wire or electronic communications as a common carrier for hire; and
(B) includes—
(i) a person or entity engaged in providing commercial mobile service (as defined in section 332(d) of this title); or
(ii) a person or entity engaged in providing wire or electronic communication switching or transmission service to the extent that the Commission finds that such service is a replacement for a substantial portion of the local telephone exchange service and that it is in the public interest to deem such a person or entity to be a telecommunications carrier for purposes of this subchapter; but
(C) does not include—
(i) persons or entities insofar as they are engaged in providing information services; and
(ii) any class or category of telecommunications carriers that the Commission exempts by rule after consultation with the Attorney General.
(Pub. L. 103–414, title I, § 102, Oct. 25, 1994, 108 Stat. 4279.)
§ 1002. Assistance capability requirements
(a) Capability requirementsExcept as provided in subsections (b), (c), and (d) of this section and sections 1007(a) and 1008(b) and (d) of this title, a telecommunications carrier shall ensure that its equipment, facilities, or services that provide a customer or subscriber with the ability to originate, terminate, or direct communications are capable of—
(1) expeditiously isolating and enabling the government, pursuant to a court order or other lawful authorization, to intercept, to the exclusion of any other communications, all wire and electronic communications carried by the carrier within a service area to or from equipment, facilities, or services of a subscriber of such carrier concurrently with their transmission to or from the subscriber’s equipment, facility, or service, or at such later time as may be acceptable to the government;
(2) expeditiously isolating and enabling the government, pursuant to a court order or other lawful authorization, to access call-identifying information that is reasonably available to the carrier—
(A) before, during, or immediately after the transmission of a wire or electronic communication (or at such later time as may be acceptable to the government); and
(B) in a manner that allows it to be associated with the communication to which it pertains,
except that, with regard to information acquired solely pursuant to the authority for pen registers and trap and trace devices (as defined in section 3127 of title 18), such call-identifying information shall not include any information that may disclose the physical location of the subscriber (except to the extent that the location may be determined from the telephone number);
(3) delivering intercepted communications and call-identifying information to the government, pursuant to a court order or other lawful authorization, in a format such that they may be transmitted by means of equipment, facilities, or services procured by the government to a location other than the premises of the carrier; and
(4) facilitating authorized communications interceptions and access to call-identifying information unobtrusively and with a minimum of interference with any subscriber’s telecommunications service and in a manner that protects—
(A) the privacy and security of communications and call-identifying information not authorized to be intercepted; and
(B) information regarding the government’s interception of communications and access to call-identifying information.
(b) Limitations
(1) Design of features and systems configurationsThis subchapter does not authorize any law enforcement agency or officer—
(A) to require any specific design of equipment, facilities, services, features, or system configurations to be adopted by any provider of a wire or electronic communication service, any manufacturer of telecommunications equipment, or any provider of telecommunications support services; or
(B) to prohibit the adoption of any equipment, facility, service, or feature by any provider of a wire or electronic communication service, any manufacturer of telecommunications equipment, or any provider of telecommunications support services.
(2) Information services; private networks and interconnection services and facilitiesThe requirements of subsection (a) do not apply to—
(A) information services; or
(B) equipment, facilities, or services that support the transport or switching of communications for private networks or for the sole purpose of interconnecting telecommunications carriers.
(3) Encryption
(c) Emergency or exigent circumstances
(d) Mobile service assistance requirements
(Pub. L. 103–414, title I, § 103, Oct. 25, 1994, 108 Stat. 4280.)
§ 1003. Notices of capacity requirements
(a) Notices of maximum and actual capacity requirements
(1) In general
Not later than 1 year after October 25, 1994, after consulting with State and local law enforcement agencies, telecommunications carriers, providers of telecommunications support services, and manufacturers of telecommunications equipment, and after notice and comment, the Attorney General shall publish in the Federal Register and provide to appropriate telecommunications industry associations and standard-setting organizations—
(A) notice of the actual number of communication interceptions, pen registers, and trap and trace devices, representing a portion of the maximum capacity set forth under subparagraph (B), that the Attorney General estimates that government agencies authorized to conduct electronic surveillance may conduct and use simultaneously by the date that is 4 years after October 25, 1994; and
(B) notice of the maximum capacity required to accommodate all of the communication interceptions, pen registers, and trap and trace devices that the Attorney General estimates that government agencies authorized to conduct electronic surveillance may conduct and use simultaneously after the date that is 4 years after October 25, 1994.
(2) Basis of notices
The notices issued under paragraph (1)—
(A) may be based upon the type of equipment, type of service, number of subscribers, type or size or 1
1 So in original. Probably should be “of”.
carrier, nature of service area, or any other measure; and(B) shall identify, to the maximum extent practicable, the capacity required at specific geographic locations.
(b) Compliance with capacity notices
(1) Initial capacity
Within 3 years after the publication by the Attorney General of a notice of capacity requirements or within 4 years after October 25, 1994, whichever is longer, a telecommunications carrier shall, subject to subsection (e), ensure that its systems are capable of—
(A) accommodating simultaneously the number of interceptions, pen registers, and trap and trace devices set forth in the notice under subsection (a)(1)(A); and
(B) expanding to the maximum capacity set forth in the notice under subsection (a)(1)(B).
(2) Expansion to maximum capacity
(c) Notices of increased maximum capacity requirements
(1) Notice
(2) Compliance
(d) Carrier statement
(e) Reimbursement required for compliance
(Pub. L. 103–414, title I, § 104, Oct. 25, 1994, 108 Stat. 4282.)
§ 1004. Systems security and integrity
A telecommunications carrier shall ensure that any interception of communications or access to call-identifying information effected within its switching premises can be activated only in accordance with a court order or other lawful authorization and with the affirmative intervention of an individual officer or employee of the carrier acting in accordance with regulations prescribed by the Commission.
(Pub. L. 103–414, title I, § 105, Oct. 25, 1994, 108 Stat. 4283.)
§ 1005. Cooperation of equipment manufacturers and providers of telecommunications support services
(a) Consultation
(b) Cooperation
(Pub. L. 103–414, title I, § 106, Oct. 25, 1994, 108 Stat. 4284.)
§ 1006. Technical requirements and standards; extension of compliance date
(a) Safe harbor
(1) Consultation
(2) Compliance under accepted standards
(3) Absence of standards
The absence of technical requirements or standards for implementing the assistance capability requirements of section 1002 of this title shall not—
(A) preclude a telecommunications carrier, manufacturer, or telecommunications support services provider from deploying a technology or service; or
(B) relieve a carrier, manufacturer, or telecommunications support services provider of the obligations imposed by section 1002 or 1005 of this title, as applicable.
(b) Commission authority
If industry associations or standard-setting organizations fail to issue technical requirements or standards or if a Government 1
1 So in original. Probably should not be capitalized.
agency or any other person believes that such requirements or standards are deficient, the agency or person may petition the Commission to establish, by rule, technical requirements or standards that—(1) meet the assistance capability requirements of section 1002 of this title by cost-effective methods;
(2) protect the privacy and security of communications not authorized to be intercepted;
(3) minimize the cost of such compliance on residential ratepayers;
(4) serve the policy of the United States to encourage the provision of new technologies and services to the public; and
(5) provide a reasonable time and conditions for compliance with and the transition to any new standard, including defining the obligations of telecommunications carriers under section 1002 of this title during any transition period.
(c) Extension of compliance date for equipment, facilities, and services
(1) Petition
(2) Grounds for extension
(3) Length of extension
An extension under this subsection shall extend for no longer than the earlier of—
(A) the date determined by the Commission as necessary for the carrier to comply with the assistance capability requirements under section 1002 of this title; or
(B) the date that is 2 years after the date on which the extension is granted.
(4) Applicability of extension
(Pub. L. 103–414, title I, § 107, Oct. 25, 1994, 108 Stat. 4284.)
§ 1007. Enforcement orders
(a) Grounds for issuanceA court shall issue an order enforcing this subchapter under section 2522 of title 18 only if the court finds that—
(1) alternative technologies or capabilities or the facilities of another carrier are not reasonably available to law enforcement for implementing the interception of communications or access to call-identifying information; and
(2) compliance with the requirements of this subchapter is reasonably achievable through the application of available technology to the equipment, facility, or service at issue or would have been reasonably achievable if timely action had been taken.
(b) Time for compliance
(c) LimitationsAn order enforcing this subchapter may not—
(1) require a telecommunications carrier to meet the Government’s 1
1 So in original. Probably should not be capitalized.
demand for interception of communications and acquisition of call-identifying information to any extent in excess of the capacity for which the Attorney General has agreed to reimburse such carrier;(2) require any telecommunications carrier to comply with assistance capability requirement 2
2 So in original. Probably should be “requirements”.
of section 1002 of this title if the Commission has determined (pursuant to section 1008(b)(1) of this title) that compliance is not reasonably achievable, unless the Attorney General has agreed (pursuant to section 1008(b)(2) of this title) to pay the costs described in section 1008(b)(2)(A) of this title; or(3) require a telecommunications carrier to modify, for the purpose of complying with the assistance capability requirements of section 1002 of this title, any equipment, facility, or service deployed on or before January 1, 1995, unless—
(A) the Attorney General has agreed to pay the telecommunications carrier for all reasonable costs directly associated with modifications necessary to bring the equipment, facility, or service into compliance with those requirements; or
(B) the equipment, facility, or service has been replaced or significantly upgraded or otherwise undergoes major modification.
(Pub. L. 103–414, title I, § 108, Oct. 25, 1994, 108 Stat. 4285.)
§ 1008. Payment of costs of telecommunications carriers to comply with capability requirements
(a) Equipment, facilities, and services deployed on or before January 1, 1995
(b) Equipment, facilities, and services deployed after January 1, 1995
(1) Determinations of reasonably achievableThe Commission, on petition from a telecommunications carrier or any other interested person, and after notice to the Attorney General, shall determine whether compliance with the assistance capability requirements of section 1002 of this title is reasonably achievable with respect to any equipment, facility, or service installed or deployed after January 1, 1995. The Commission shall make such determination within 1 year after the date such petition is filed. In making such determination, the Commission shall determine whether compliance would impose significant difficulty or expense on the carrier or on the users of the carrier’s systems and shall consider the following factors:
(A) The effect on public safety and national security.
(B) The effect on rates for basic residential telephone service.
(C) The need to protect the privacy and security of communications not authorized to be intercepted.
(D) The need to achieve the capability assistance requirements of section 1002 of this title by cost-effective methods.
(E) The effect on the nature and cost of the equipment, facility, or service at issue.
(F) The effect on the operation of the equipment, facility, or service at issue.
(G) The policy of the United States to encourage the provision of new technologies and services to the public.
(H) The financial resources of the telecommunications carrier.
(I) The effect on competition in the provision of telecommunications services.
(J) The extent to which the design and development of the equipment, facility, or service was initiated before January 1, 1995.
(K) Such other factors as the Commission determines are appropriate.
(2) CompensationIf compliance with the assistance capability requirements of section 1002 of this title is not reasonably achievable with respect to equipment, facilities, or services deployed after January 1, 1995—
(A) the Attorney General, on application of a telecommunications carrier, may agree, subject to the availability of appropriations, to pay the telecommunications carrier for the additional reasonable costs of making compliance with such assistance capability requirements reasonably achievable; and
(B) if the Attorney General does not agree to pay such costs, the telecommunications carrier shall be deemed to be in compliance with such capability requirements.
(c) Allocation of funds for payment
(d) Failure to make payment with respect to equipment, facilities, and services deployed on or before January 1, 1995
(e) Cost control regulations
(1) In general
(2) Contents of regulationsThe Attorney General, after consultation with the Commission, shall prescribe regulations for purposes of determining reasonable costs under this subchapter. Such regulations shall seek to minimize the cost to the Federal Government and shall—
(A) permit recovery from the Federal Government of—
(i) the direct costs of developing the modifications described in subsection (a), of providing the capabilities requested under subsection (b)(2), or of providing the capacities requested under section 1003(e) of this title, but only to the extent that such costs have not been recovered from any other governmental or nongovernmental entity;
(ii) the costs of training personnel in the use of such capabilities or capacities; and
(iii) the direct costs of deploying or installing such capabilities or capacities;
(B) in the case of any modification that may be used for any purpose other than lawfully authorized electronic surveillance by a law enforcement agency of a government, permit recovery of only the incremental cost of making the modification suitable for such law enforcement purposes; and
(C) maintain the confidentiality of trade secrets.
(3) Submission of claims
(Pub. L. 103–414, title I, § 109, Oct. 25, 1994, 108 Stat. 4286.)
§ 1009. Authorization of appropriations
There are authorized to be appropriated to carry out this subchapter a total of $500,000,000 for fiscal years 1995, 1996, 1997, and 1998. Such sums are authorized to remain available until expended.
(Pub. L. 103–414, title I, § 110, Oct. 25, 1994, 108 Stat. 4288.)
§ 1010. Reports
(a) Reports by Attorney General
(1) In general
(2) ContentsA report under paragraph (1) shall include—
(A) a detailed accounting of the amounts paid to each carrier and the equipment, facility, or service for which the amounts were paid; and
(B) projections of the amounts expected to be paid in the current fiscal year, the carriers to which payment is expected to be made, and the equipment, facilities, or services for which payment is expected to be made.
(b) Reports by Comptroller General and Inspector General
(1) On or before April 1, 1996, the Comptroller General of the United States, and every two years thereafter, the Inspector General of the Department of Justice, shall submit to the Congress a report, after consultation with the Attorney General and the telecommunications industry—
(A) describing the type of equipment, facilities, and services that have been brought into compliance under this subchapter; and
(B) reflecting its analysis of the reasonableness and cost-effectiveness of the payments made by the Attorney General to telecommunications carriers for modifications necessary to ensure compliance with this subchapter.
(2)Compliance cost estimates.—A report under paragraph (1) shall include findings and conclusions on the costs to be incurred by telecommunications carriers to comply with the assistance capability requirements of section 1002 of this title after the effective date of such section 1002 of this title, including projections of the amounts expected to be incurred and a description of the equipment, facilities, or services for which they are expected to be incurred.
(Pub. L. 103–414, title I, § 112, Oct. 25, 1994, 108 Stat. 4288; Pub. L. 104–316, title I, § 126(b), Oct. 19, 1996, 110 Stat. 3840.)