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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


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
that it be allowed to have access to packet mode communications and to use
cellular phones as location tracking devices..
Jonathan Goldstein
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

cc:    (bcc: Jonathan Goldstein/Customer/Interliant)
Subject:  Re: Say No to Cell Phone and Packet Mode Communications

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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