CALEA stands for the Communications Assistance for Law Enforcement Act. This law further defines the existing statutory obligation of telecommunications carriers to assist law enforcement in executing electronic surveillance pursuant to court order or other lawful authorization and requires carriers to design or modify their systems to ensure that lawfully-authorized electronic surveillance can be performed.
At minimum, you must be able to execute ANY valid warrant for surveillance on ANY user on your network within a specified time frame. Providers should be prepared to supply both content of communication and communication-identifying information along with a correlation of those elements. Compliancy has to a “best efforts’ basis.
There are three options that you’ll need to complete to become compliant.
- Develop your own compliance solution for your network.
This can be complex and dependent on certain skill sets within your organization. - Purchase a compliance solution from a vendor.
Purchasing a compliance hardware solution can be expensive and needs replaced as your network grows. - Purchase a compliance solution from ZCorum, a Trusted Third Party (TTP).
- Our cost-effective CALEA solution reduces the complexity and mitigates the risk associated with managing a
comprehensive legal compliance program.
You will be subject to fines of up to $10,000 a day (until you come into compliance) from the Courts. You are also subject to fines from the FCC, as they have the enforcement responsibility for the CALEA mandate
A Trusted Third Party (TTP) is an entity a carrier has allowed to implement their CALEA compliance program. The TTP can provision, implement, and maintain resources for the carrier. A TTP is recognized by the government as an entity that can act in behalf of the carrier to implement CALEA compliance while maintaining a certain level of indemnification.
The relationship of Trusted Third Party is one that is established between the carrier and the company performing the TTP services. By identifying your Trusted Third Party, your business gives the TTP that status and allows them to operate in your name for certain aspects of your CALEA process. There is no authority certifying any company as a certified Trusted Third Party. The title exists as the relationship is solidified between the carrier and the TTP.
A System Security and Integrity (SSI) Plan describes how your company will comply with CALEA, and it has the contact information that law enforcement agencies will use when requesting a lawful intercept request under CALEA. SSI Plans now must be filed online. You can learn more about that here.
You will receive a warrant from a law enforcement agency.
There is a 24×7 NOC that can be reached by calling 866-621-0662 or by emailing warrants@nex-tech.com.
There is no evaluation or certification for CALEA compliance. Lack of ability to fulfill the request demonstrates a lack of compliance. Likewise, the provider’s ability to fulfill a warranted surveillance request demonstrates CALEA compliance. However, we recommend engaging together in a CALEA review every year or two to discuss changes in the your network and to identify any obstacles that may complicate the intercept process.
Validation of the warrant, and the data access, delivery, and collection functions required for your CALEA compliance. You don’t need to worry about the burden of capturing the intercept and securely delivering the information in the required format to the requesting law enforcement agency. Ensuring compliance with the warrant still rests with your company.
A warrant may originate from a number of entities that include local and state law enforcement agencies, federal law enforcement agencies, local and state prosecutors, the US Justice Department and other federal agencies. A valid warrant will have a judge’s signature.
Validating a warrant means being able to ascertain the signature is that of a judge in good standing. The Trusted Third Party services include validating any warrants you receive.
You do not have to provide the means for law enforcement agencies to connect to your network. That is taken care of for you. The Trusted Third Party services include collecting the data from the intercept and transmitting it to the appropriate law enforcement agencies.
As a carrier, you will be contacted. It is then your responsibility to the TTP team to implement the intercept.
According to the law, a carrier can be served a warrant at any time. While it is extremely rare for a warrant to come in after business hours, it is possible, so you need to be prepared for that. If that were to occur, you can contact a 24×7 NOC team by calling 866-621-0662 or by emailing warrants@nex-tech.com.
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