[Note: the "enclosed filing" referred to below is available at:
http://www.eff.org/pub/Privacy/CALEA/1997-8/19971212_eff-aclu-epic.filing
at the EFF web site.]


February 12, 1998

Dear Senator/Representative,

We are writing to you regarding the proceeding now before the Federal
Communications Commission concerning the Communications Assistance for
Law Enforcement Act (CALEA), a law passed by Congress in 1994 that
allows the Federal Bureau of Investigation to participate in the
process of setting technical standards for the development of the
nation's telecommunications systems.

As civil liberties, consumer, and professional organizations working
to protect privacy and Constitutional freedoms, we have expressed our
opposition to the funding and implementation of the CALEA.

In the enclosed filing we have asked the FCC to report to Congress on
the serious technical, legal, and policy obstacles to further support
for this program. As we state in our comments:

*  The FBI has ignored the Congressional limitations and statutory
obligations required by CALEA.

*  The FBI has proposed far broader intercept authority than permitted
by the Act.

*  The FBI has ignored Congress's specific requirements for privacy
protection.

* The process for developing the standards has failed to meet even a
minimum level for openness and public accountability.

For these reasons, we urge you to cut off any further funds for this
effort, indefinitely postpone implementation, and for the Congress to
engage in a complete review of the statute.

It is our belief that the CALEA has created an unworkable,
impractical, and potentially unconstitutional surveillance scheme that
threatens the privacy of citizens and the security of our nation's
telecommunications infrastructure.


Sincerely,


Laura W. Murphy Director, Washington National Office American Civil
Liberties Union


Greg Nojeim,
Legislative Counsel,
American Civil Liberties Union


Andrew Oram,
Computer Professionals for Responsibility


Barry Steinhardt, 
President, 
Electronic Frontier Foundation


Marc Rotenberg,
Director, 
Electronic Privacy Information Center

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