Interesting People mailing list archives
IP: More on Say No to Cell Phone and Packet Mode Communications Tracking
From: Dave Farber <farber () cis upenn edu>
Date: Thu, 24 Dec 1998 13:13:41 -0500
From: "Jonathan Goldstein" <Jonathan_Goldstein () notes interliant com> Reply-To: jonathan () pobox com Professor, I'm a subscriber to IP. Here's a response I received from someone at the FCC when I complained about several of the provisions in the Communications Assistance for Law Enforcement Act (CALEA), specifically, the FBI's proposal that it be allowed to have access to packet mode communications and to use cellular phones as location tracking devices.. Jonathan Goldstein President Urban Technology Group jonathan () pobox com ---------------------- Forwarded by Jonathan Goldstein/Customer/Interliant on 12/15/98 11:52 PM --------------------------- Danny Rittenberry <DRITTENB () fcc gov> on 12/15/98 04:45:36 PM Please respond to jonathan () pobox com To: JONATHAN () POBOX COM cc: (bcc: Jonathan Goldstein/Customer/Interliant) Subject: Re: Say No to Cell Phone and Packet Mode Communications Tracking Thank you for giving us your thoughts. At this point, the Commission has only proposed a possible course of action. The NPRM we released was designed to elicit comment on the very issues your email addressed. The Commission is very sensitive to the privacy concerns raised in relation to the implementation of the Communications Assistance for Law Enforcement Act (CALEA). We appreciate your input and will consider it carefully as we address these issues. I'd like to respond to your specific points to clarify the actions the Commission has taken. First, it's important to remember that law enforcement agencies cannot randomly wiretap people. Before an electronic surveillance can be conducted, a law enforcement officer must obtain a court order or authorization to proceed. Nothing in CALEA changes the legal requirements or standards that now exist to protect individual privacy. Second, the Commission made no proposals regarding packet-mode communications. The issues surrounding packet mode communications are very complex and the technology is changing rapidly. As a result, we found that the information available to us did not support any tentative conclusions or proposals at this time. Instead, we asked a series of questions on how the interception of packet mode communications should be treated. Before we decide how to proceed on this issue, we will consider all comments filed, including yours. Third, regarding location information, it is important to note that CALEA, as passed by Congress and signed by the President, does not bar the provision of location information generally. Rather, it prohibits the provision of location information under trap and trace or pen register authority, the lowest standard for receiving a wiretap authorization. The FCC is committed to following congressional intent and to apply our rules as dictated by the statute. Dan Rittenberry ! !
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- IP: More on Say No to Cell Phone and Packet Mode Communications Tracking Dave Farber (Dec 24)