Government Affairs Blog

November 2, 2016

The Impact of the 2016 Presidential Election on Lawful Surveillance and Customer Records Disclosures

Author: Trevor Gray, Legal Services Manager

With every presidential election comes some uncertainty. How will policy be impacted by a newly elected chief executive? It is vital that industry players be forward thinking to try and anticipate some of the change and be better prepared to take advantage of it. One critical area of discussion during this election cycle has been that of national security and more specifically cybersecurity and privacy. Electronic communication providers will need to be ready to act, so here is a look at how the candidates stand on issues related to lawful surveillance and records collection.

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September 6, 2016

IS YOUR LAWFUL INTERCEPT SOLUTION SECURE?

Communication service providers are sometimes served with court orders to implement lawful electronic surveillance – known as lawful intercepts or “LI” — on criminal suspects using their networks. These CSPs typically prepare for the judicial demands by equipping their networks with LI solutions, as required by the CALEA lawful surveillance statute. But are those solutions secure?

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July 19, 2016

HOW WILL THE MICROSOFT EMAIL RULING IMPACT COMMUNICATION PROVIDER COOPERATION WITH LAW ENFORCEMENT?

On July 14th the Second Circuit Court of Appeals issued a ruling in the case of Microsoft v. US that could impact all communication service providers (CSPs) that store communications content (e.g. email or voice mail). The ruling held that if a U.S. law enforcement agency (LEA) serves a valid warrant on a CSP to obtain a criminal suspect’s email content, and the CSP stores the content on a server outside the U.S., the CSP must not disclose the information.

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June 22, 2016

HOW THE OPEN INTERNET RULING IMPACTS CALEA

Earlier this month the D.C. Court of Appeals upheld the Open Internet Order, a rulemaking by the Federal Communications Commission that imposed non-discrimination standards on broadband Internet access providers (“ISPs”). Some of the more prominent ISPs are Comcast, Earthlink, and Verizon. The Court’s ruling did not address the CALEA lawful surveillance statute, but indirectly it made CALEA’s legal coverage of ISPs more secure.

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May 24, 2016

WHEN LAW ENFORCEMENT OBTAINED AN ENCRYPTION KEY TO PRIVATE COMMUNICATIONS

A recent criminal prosecution revealed that Canadian law enforcement obtained a key to decrypt certain private communications of Blackberry devices. Was the action lawful? Did it compromise privacy?

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