The Federal Communications Commission's ruling on the control of telecommunications and cellular communications systems..
Copyright 1999 The San Diego Union-Tribune
The San Diego Union-Tribune
Saturday, August 28, 1999
SECTION: PG NEWS. A-8
LENGTH: 593 words
SUMMARY: The Federal Communications Commission (FCC) is giving the law the power to require developers of communications and telecommunications systems to provide special capabilities for monitoring information.
SOURCE: ASSOCIATED PRESS
SIGNED BY: Kalpana Srinivasan
TIMELINE: WASHINGTON
WASHINGTON – The government yesterday passed regulations that will give the FBI and other U.S. government agencies and intelligence agencies new electronic surveillance capabilities that will leverage the latest developments in communications and telecommunications technology, such as cellular and satellite communications, including the use of forced conference call (microphone activation) capabilities.
The Federal Communications Commission's 1994 law allows intelligence agencies to obtain subscriber information and access information transmitted over communications systems and to access users' cell phones. The rule requires a court order to do so.
Privacy Group representatives have strongly objected to the rule, arguing that it turns modern communications systems into powerful surveillance tools.
In addition to the Subscriber Location Regulation — which was proposed by industry representatives — the FCC has established a number of additional protocols proposed by law enforcement agencies.
For example, the FBI will be able to connect to the cellular and regular telephone systems of any subscribers in conference call mode, including even those on which, at the moment, negotiations are not conducted.
“Our actions today will ensure that law enforcement agencies are equipped with modern technology to combat criminal elements,” said FCC Chairman Bill Kennard, who submitted this Resolution for consideration.
The regulation will help implement a 1994 law that requires companies to include in their new developments the requirements of law enforcement agencies for monitoring subscriber information, including identifying non-standard language properties. In addition, it is necessary to provide for the possibility of confidential access to the monitored information.
The bill's committee intervened after the Justice Department, the FBI, and telecom industry representatives failed to agree on a plan of action after years of negotiations. The Justice Department and the FBI achieved much of what they sought.
The order gives companies that design and manufacture this equipment until March to agree on all equipment standards and protocols that meet the requirements of the order and to implement them by September 30, 2001, and thereafter.
The FCC's regulation addresses key law enforcement concerns and will help law enforcement officers more effectively combat terrorism, organized crime and drug trafficking, the Justice Department said.
«Continued technological advances in the nation's data and communications systems pose challenges to law enforcement,» Attorney General Janet Reno said in a statement. »These new capabilities will enable the nation's security efforts to remain technologically advanced while keeping pace with the latest advances in telecommunications and communications systems.»
However, Privacy Group representatives said the requirements violate a 1994 law and are an attempt by the government to expand the powers of intelligence agencies to intercept and wiretap telephone conversations.
«We are deeply disappointed that on every significant issue, the commission has ruled against privacy in favor of expanding the FBI's power to monitor communications systems,» said Jim Dempsey, a member of the advocacy group Privacy Defense, at a meeting at the Center for Democracy and Technology in Washington.
Industry representatives said they were pleased that the FCC's order did not include all of the FBI's requests for approval of the requirements they had long sought. But they warned that companies would have a tough time complying with them.
«This is not a good time to make changes to equipment,» said Grant Seifert, vice president of the Telecommunications Industry Association, which represents major equipment makers, calling the project unrealistic.
Tom Wheeler, head of the Cellular Industry Association, said he hoped the agency «would give manufacturers the flexibility to implement these capabilities and do it in a smart way.»
Under the established procedure, the changes would allow information to be obtained based on access to cellular base station systems, or the portion of the «cell» where a request is initiated and terminated. The FCC rules would also allow authorities, by court order, to determine when a target is using call preemption, three-way interrogation or other special features, as well as the number information the target has dialed, such as for long-distance and international calls.