COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT (CALEA)
CALEA:
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Archive
The NPRM was formally published in the Federal Register on September
23, 2004. EFF filed comments
[PDF 214k] November 8, 2004, and reply
comments [PDF, 128K] were filed December 21, 2004. All
Comments for FCC Proceeding 04-295 .
On August 5, 2005, the FCC announced a Final Rule, expanding CALEA to
Internet broadband providers and certain Voice-over-IP (VoIP)
providers.
- Joint Comments of Industry and Public Interest [PDF]
- EFF Comments on NPRM
[PDF, 248K] Nov 8, 2004
- Dept. of Justice Comments [PDF 735k] Nov. 16, 2004
- EFF Reply Comments
[PDF, 128K] Dec 21, 2004
- CDT-EFF Comments on expansion to
Airplanes [PDF, 135K] August 3
- FCC Release on Final Rule
[PDF, 646K] August 5, 2005
- EFF and CDT's Request for
Stay Pending Issuance of Subsequent Orders [PDF, 180KB]
September 23,
2005
The DC Circuit Court of Appeals scheduled oral arguments in EFF's legal challenge for May 5, 2006.
-
CDT/EFF filing [PDF] urging the FCC to reject the DOJ
proposal for sweeping new powers to eavesdrop on cell phone calls and
Internet usage by airline passengers. August 3, 2005
- 200001_us_fed_wiretap_laws.html
- US federal wiretapping statutes as of
Jan. 2000, in full text: 18 USC 2510-2522, 18 USC 2701-2711,
18 USC 3117, 18 USC 3121-2127, 47 USC 1001-1021. (Includes CALEA's
amendments to older statutes.)
- decrypting_puzzle_palace.article
- John Perry Barlow's July 1992 article
"Decrypting the Puzzle Palace," describing how the NSA seeks to
dominate cyberspace. A wealth of early background material on FBI
and NSA surveillance, political moves to oppose general public
possession and use of strong encryption, and erection of export
controls against encryption.
- s2375_digtel_senpass_19941007_bill.html
- S. 2375 (later known as
CALEA),as passed by the Senate (Oct. 7, 1994). This and the
House-passed version were reconciled in conference committee, with the
result being signed into law as 47 USC 1001, PL 103-414.
- hr4922_calea_housepass_19941006_bill.html
- H.R. 4922, Communications
Assistance for Law Enforcement Act (CALEA), as passed by the House and
sent to Senate (Oct. 6, 1994). This and the Senate-passed version
were reconciled in conference committee, with the result being signed
into law as 47 USC 1001, PL 103-414.
- hr4922_digtel_houseintro_19940809_bill.html
- H.R. 4922 (later known as
CALEA), as introduced in the House (Aug. 9, 1994)
- s2375_digtel_senintro_19940808_bill.html
- S. 2375 (later known as CALEA),
as introduced in the Senate (Aug. 8, 1994)
- 960927_digtel.alert
- URGENT action alert: FBI "wiretap-everyone"
proposal nearing passage in US Congress. ACT NOW. Deadline: Sept. 30 at
the latest!
- berman_031894_hearing.testimony
- March 1994 testimony of Jerry Berman
(EFF) concerning the Digital Telephony and Communications Privacy
Improvement Act of 1994.
- berman_eff_clip-dt.testimony
- May 1994 testimony of Jerry Berman (EFF)
before the Subcommittee on Tech, Environment and Aviation
relating to Communications and Computer Surveillance: Privacy and
Security (particularly re: the Clipper and Digital Telephony
surveillance schemes.)
- brooks_nsa_clip-dt.testimony
- Clint Brooks' (NSA) May 1994 testimony
before the Subcommittee on Tech, Environment and Aviation
relating to Communications and Computer Surveillance: Privacy and
Security (particularly re: the Clipper and Digital Telephony
surveillance schemes.)
- cfp_94_sterling.speech
- Bruce Sterling's Remarks at Computers, Freedom
and Privacy Conference IV Chicago, Mar 26, 1994 offering good
perspectives on either side of the digital telephony issue.
- clip-dt_hearings.docs
- This file contains 4 documents from the May 3 1994
Clipper & Digital Telephony hearings of the US Senate and House of
Representatives: Hearing Charter, Witness list of House hearing, a
chart showing how key "escrow" works, and a chart showing how
Clipper works
- clip-dt_hearings_summary.eff
- EFF's May 1994 summaries of Senate
Subcommittee on Technology and the Law holds Clipper Hearing and
House Subcommittee on Technology, Environment and Aviation's
hearing on Clipper and Digital Telephony proposals at which EFF's
Executive Director Jerry Berman and Board Member David Farber
testify
- cooper_digtel_94.article
- Thomas Cooper's short discussion of the digitel
telephony bill of 1994.
- cops_net_architecture_johnson.article
- "Law Enforcement and The
Architecture of Cyberspace -- Should the Cops on the Beat Design the
Electronic Street?", article by David Johnson. Excerpt: "The
Administration has made its position clear: it will seek to
encourage the use of the "Clipper Chip" and push for legislation that
will require electronic communications systems to be designed to
facilitate wiretapping and surveillance in real time...So we have a set
of proposals that, in somewhat breath-taking fashion, claim for the
cops not only the right to walk the beat but a privilege to say just
how the street will be designed...But no such origin accounts for
our best public spaces and I can tell you...that putting wiretapping
at the top of the design priority list is a really dumb idea..."
- denning_clip-dt.testimony
- Dr. Dorothy Denning's May 1994 testimony
to House Subcommittee on Tech., Environment and Aviation stating
that The Clipper Chip and associated key escrow system is a
technically sound approach for ensuring the security and privacy of
electronic communications. Both assesses Clipper Chip technology
and associated key escrow system and describes future options.
- digtel.faq
- This file consists of an action alert and a FAQ on the
94' Digital Telephony bill, from Voters' Telecom Watch (VTW) last
updated August 30, 1994
- digtel92_analysis.eff
- The EFF-sponsored analysis of the FBI's Digital
Telephony proposal from 1992. Note that this document does NOT refer
to the 1994 version of the FBI's "Wiretap Bill", but an older one
that was defeated. This file is preserved for historical interest.
- digtel92_betts.article
- Mitch Betts' June 1992 article from ComputerWorld
relating to the FBI's attempts to tap all net services by requiring
that public and private networks have call interception. article
discusses the FBI's arguments and outlines opposition arguments.
- digtel92_bill.draft
- May 1992 version of the FBI Digital Telephony
Proposal, a draft bill.
- digtel92_nightline.transcript
- May 1992 Nightline report on "FBI,
PRIVACY, AND PROPOSED WIRE-TAPPING LEGISLATION"
- digtel92_old_bill.draft
- draft of the 1992 digital telephony amendment
with summary and analysis at the end.
- digtel92_opposition.announce
- September 1992 Newsnote from the EFF
discussing release of "white paper" opposing FBI digital telephony
legislation supported by joint industry/public interest coalition.
- digtel93.announce
- Discussion of the speech by FBI dir. Louis Freeh (file
digtel93_freeh.speech in this directory) c. December 1993.
Includes a scalding attack on the FBI's agenda.
- digtel93_freeh.speech
- Director of the FBI Louis Freeh's December 1993
speech in support of digital telephony legislation.
- digtel94.act
- the FBI Digital Telephony (Communication Assistance to Law
Enforcement) Act as it passed both houses of Congress in 1994.
- digtel94.announce
- The Digital Telephony Proposal would require
communications service providers to include "back doors" in their
software through which "wiretapping" can be done. In addition, the
proposal would give law enforcement officers access to records
*about* communications, such as who you call and how long you talk.
Such traffic analysis can reveal vast amounts of information about
you. EFF is extremely concerned about this proposal and has
prepared this summary to explain it and the harm it could do.
- digtel94_analysis.eff
- EFF summary of Edwards/Leahy digital telephony bill
- digtel94_bill.draft
- This is a pre-introduction draft of the 1994 version
of the Digital Telephony "Wiretap" Bill. Feb 1994
- digtel94_draft_analysis.eff
- Section-by-Section Analysis of the 1994
Draft of the Digital Telephony Legislation by Mike Godwin.
- digtel94_foia.article
- 1994 CyberWire Dispatch article "Jacking in
from the 'Cancer Among Us' Port" explaining that the
bill presents a dilemma to civil liberties
groups. On principle, they oppose it. But
without the Leahy/Edwards bill, the FBI would have
cake-walked through the nation's privacy rights. So
the current situation turns out to be a kind of
"name your poison" scenario. Also, as filename
suggests, covers attempts to glean information on
the FBI's initiative, and the motives and
maneuvering behind it, via Freedom of Information
Act (FOIA) lawsuits.
- digtel94_old_statement.eff
- Leahy and Edwards introduce a narrow Digital
Telephony bill with major new privacy protections. The file
contains an analysis of the bill as it stood at that point
(i.e. before any significant privacy protections were added.)
- digtel94_passage_statement.eff
- EFF Statement on and Analysis of Digital
Telephony Act at the bill's passage.
- digtel_denning.article
- Dr. Dorothy Denning's March 1993 article "To Tap
or Not to Tap" supporting the need of governmnt agencies for
digital telephony legislation.
- digtel_gao.report
- July 1992 GAO report to Rep Markey evaluating (1)
technologic alternatives available or imminently available to the
Federal Bureau of Investigation (FBI) to wiretap voice and data
communications,1 (2) changes required to the telecommunications
network to accommodate least intrusive wiretaps 2 and (3) estimated
cost of developing and implementing such changes.
- digtel_meeks_080994.article
- 1994 CyberWire Dispatch article "Jacking in
from the "Cancer Among Us" Port" explaining that The bill presents a
dilemma to civil liberties groups. On principle, they oppose it.
But without the Leahy/Edwards bill, the FBI would have
cake-walked through the nation's privacy rights. So the current
situation turns out to be a kind of "name your poison" scenario.
- edwards_eff_digtel94.letter
- No Description
- eff_091394_digtel_berman.testimony
- September 1994 testimony of Jerry
Berman (EFF) before the Subcommittee on Telecommunications and
Finance related to HR 4922 (Digital Telephony legislation).
- eff_091394_digtel_hr_hearing.summary
- September 1994 EFF summary of house
subcommittee on telecommunications and finance's hearings on Digital
Telephony Legislation.
- ellison_031894_hearing.comments
- Carl Ellison's March 1994 fax to
Subcommittee on Technology and the Law; Senate Judiciary attacking
Digital Telephony Legislation.
- epic_digtel_foia_090994.announce
- EPIC press release from August of 1994
reporting that A leading privacy rights group today sued the
Federal Bureau of Investigation to force the release of documents
the FBI claims support its campaign for new wiretap legislation.
Document also contains FBI Director Freeh's Recent Conflicting
Statements on the Need for Digital Telephony Legislation
- farber_clip-dt.testimony
- David Farber's May 1994 testimony before the
House Subcommittee on Technology, Environment and Aviation regarding
"Communications and Computer Surveillance, Privacy and Security"
- fbi_fedreg_101695.rfc
- FBI's Oct. 95 Federal Register notice and request
for comments. Insanely asks for the capacity to wiretap up to 1% of
phone conversations simultaneously! DEADLINE FOR COMMENTS: Nov. 15!
- freeh_031894_hearing.testimony
- March 1994 testimony of Louis Freeh (FBI)
before the joint hearing of the Tech and Law Subcommittee (Senate)
and Civil and Constitutional Rights Subcommittee (House) relating to
the FBI wiretap (Digital Telephony) bill. Also includes opening
remarks by Sen. Leahy
- freeh_dpswg.letter
- March 1994 letter of EFF-lead Digital Privacy &
Security Working Group's Berman and Plesser to
FBI Dir. Freeh
- gsa_digtel.memos
- article reporting that "GSA Memos Reveal that FBI
Wiretap Plan was Opposed by Government's Top Telecomm Purchaser
G.S.A." Including discussion and actual letter from Brenda Robinson
(GSA) noting that "we still _cannnot support_ Draft Bill. No. 118"
(the Digital Telephony bill).
- kallstrom_fbi_clip-dt.testimony
- May 1994 testimony of James Kallstrom
(FBI) before the subcommittee on tech, environmnet, and aviation
regarding digital telepohony legislation
- kammer_nist_clip-dt.testimony
- Raymond Kamer's (NIST) May 1994 testimony
before the subcommittee on tech, environment and aviation regarding
digital telephony legislation 1) the principal encryption policy
issue confronting us, 2) the importance of encryption technology, 3)
how voluntary key escrow encryption technically works and how it
ensures privacy and confidentiality, 4) alternatives to the
voluntary key escrow initiative, 5) critical components of the
Administration's policy on encryption technology, 6) recent
initiative to modify Secure Hash Standard, and 7) the
effectiveness of the Computer Security Act of 1987.
- leahy_digtel_cpsr.letter
- CPSR and several other organizations sent the
following letter to Senator Patrick Leahy regarding the FBI's recent
proposal to undertake wire surveillance in the digital network on
March 1992.
- leahy_freeh_110395.letter
- Letter from Sen. Pat Leahy to FBI Dir. Louis
Freeh asking that the FBI provide Leahy and the public documents witheld
by the FBI that the agency claims support the outrageous FBI request to
be able to tap as many as 1 out of every thousand phone lines and one out
of every 100 phone calls.
- lp_v_clipper_digtel.announce
- Libertarian Party Headquarter's April 1994
Press Release about and in opposition to Digital Telephony Act and
Clipper.
- meeks_digtel_072994.article
- Brock Meeks' CyberWire Dispatch article
"Jacking in from the 'Just Nationalize It' Port" discussing the most
recent draft of the FBI's digital wiretap bill which turns
control of the nation's communications network over to the Justice
Department. July 1994
- meeks_edwards_091094.article
- Brock Meeks' Cyberwire Dispatch article
"Jacking in from the Congressional Port:" discussijng GAO report
that new and emerging technology pose "legitimate impediments" to
electronic eavesdropping by law enforcement agencies. Also deals
with the FBI presentation of classified "details of 183 instances...
where the FBI, state or local agencies encountered problems" in
wiretapping digital conversations. September 1994
- meeks_wiretap.article
- 1994 CyberWire Dispatch article discussing the
Digital Telephony Bill and its software solutions
- mobile_digtel.article
- M Hedlund's Feb 1994 article dealing with the FBI
Digital Telephony Proposal and PCS mobile phone networks
- neel_031894_hearing.testimony
- Roy Neel's March 1994 testimony before the
subcommittee on tech and law regarding Digital Telephony
legislation
- omalley_031894_hearing.testimony
- William O'Malley's March 1994 testimony
concerning the digital telephony and communications privacy
improvement act of 1994
- pac_94_contributions.list
- No Description
- s266_91.comments
- comments from the Senate Bill 266 (1991), Sen. Biden's
predecessor to the Digital Telephony bill.
- ware_csspab_clip-dt.testimony
- May 1994 testimony of Willis Ware before
the subcommittee on tech, environment, and aviation regarding
digital telephony legislation.
- wh_dpswg.letter
- EFF-lead Digital Privacy & Security Working Group
coalition's March 1994 Digital Telephony Letter to
White House expressing concern as to how the
administration is addressing the concerns regarding the
Digital Telephony bill and extending the FBI's ability to
intercept communications transmitted over advanced
communications networks.
- wiretap_crypto_gao.report
- November 1993 GAO report discussing 1.the need
for information privacy in computer and communications
systems--through such means as encryption, or conversion of clear
text to an unreadable form--to mitigate the threat of economic
espionage to U.S. industry, 2.federal agency authority to develop
cryptographic standards for the protection of sensitive,
unclassified information and the actions and policies of the NSA,
Department of Defense, and of the NIST, Department of Commerce,
regarding the selection of federal cryptographic standards, 3.roles,
actions, and policies of NSA and the Department of State related to
export controls for products with encryption capabilities and
industry rationale for requesting liberalization of such controls,
4.the FBI legislative proposal regarding telephone systems that use
digital communications technology.
- wiretap_fbi.memo
- In response to a CPSR Freedom of Information Act
lawsuit, the FBI has released 185 pages of documents concerning the
Bureau's Digital Telephony Initiative, code-named (according to the
documents) Operation "Root Canal." This file discusses those
documents.
- crypto_rebels.article
- 1993 WIRED article "Crypto Rebels" describing the
battle between the FBIs, NSAs, and Equifaxes of the world and a
swelling movement of Cypherpunks, civil libertarians, and millionaire
hackers. At stake: Whether privacy will exist in the 21st century.
Discusses key escrow, crypto export and digital wiretapping.
- 2000/
- Directory of year 2000 documents relating to CALEA, including
the EFF/ACLU/EPIC legal challenge.
- 1999/
- Directory of 1999 documents relating to CALEA, including
the EFF/ACLU/EPIC legal challenges.
- 1997-8/
- Directory of 1997-1998 info about CALEA (digital telephony
surveillance law, the "Communications Assistance for Law Enforcement
Act) and the controversies surrounding its implementation
- CPSR_v_FBI/
- Directory of information related to CPSR's FOIA suit against
the FBI
- EPIC_v_FBI/
- Directory of information related to EPIC v FBI FOIA lawsuit
- USTA_v_FCC/
- Directory of information and case documents from
USTA, et al. v. FCC, a joint USTA, EFF, EPIC, ACLU, CDT and CTIA
legal challenge against the FCC's 1999 order granting the
FBI extensive new wiretapping powers under the Communications
Assistance for Law Enforcement Act.
- EPIC's Wiretapping &
Privacy Archive
