Government Affairs Blog

WILL THE SUPREME COURT RAISE THE BAR FOR LAW ENFORCEMENT COLLECTION OF SUBSCRIBER LOCATION DATA?
December 13, 2017

The Supreme Court is now hearing a case that poses the question: what level of due process should a law enforcement agency (LEA) be required to meet before asking a communication service provider (CSP) to produce a criminal suspect’s historic cell phone location data? Based on the Court’s recent oral argument in the case, called Carpenter v. United States, it appears somewhat likely they will subject such location inquiries to the top-level “probable cause” standard. Why are the justices heading in that legal direction, and what would it mean for CSPs?

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Safe Harbor


lighthouseAt Subsentio, Safe Harbor is our business philosophy. Our mission is to provide a safe environment for service providers and their subscribers when law enforcement makes legal demands for electronic surveillance or records production. By complying with publicly available CALEA technical standards adopted by various industry associations or standards-setting organizations, best practices, and industry-leading technical solutions, we seek to ensure maximum protection from legal liability or other penalties.

Expertise


lightbulbThis level of trust to provide a Safe Harbor can only be delivered by personnel with decades of experience. The Subsentio Security Department is staffed with former and retired FBI personnel with years of process and technical experience in the lawful intercept field. Our skilled Government Affairs staff reviews each Court Order for lawful intercept to ensure accuracy and legality. Combined with new and innovative technical solutions utilizing the latest industry accepted standards, Subsentio provides fast and cost efficient compliance capabilities.

Capabilities


gearsSubsentio is a service bureau whose technical solutions securely and safely connect our customers to designated Federal, State and Local Law Enforcement agencies to ensure compliance with lawfully authorized electronic surveillance or demands for records production. From national carriers to small rural providers, Subsentio is responsible for millions of subscribers with a wide range of communication services. These services are often complex, multi-vendor environments encompassing differing phases of technological approaches that require our expertise to properly perform a lawful intercept.

Privacy


lockSince inception, CALEA has been one of the least understood and most contentious pieces of legislation Congress has ever imposed on the telecommunications industry. The intent of the Act was to “…make clear a telecommunications carrier’s duty to cooperate in the interception of communications for law enforcement purposes…” while protecting the individual’s right to privacy. Everyone has been arguing about its meaning, costs, standards, and even Congressional authority to impose the Act, ever since.

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