Government Affairs Blog

July 21, 2017

SHOULD CONGRESS RESTORE THE POWER OF US LAW ENFORCEMENT TO COLLECT COMMUNICATIONS CONTENT STORED ABROAD?

Last year a US appeals court decision interpreted a federal statute in a manner that stopped American law enforcement agencies from using judicial warrants to gather communication content stored abroad. Certain congressmen responded with proposed legislation to restore the status quo meaning of the law. What does the bill propose, and would it fairly balance the interests of public safety, subscriber privacy, and the needs of communication service providers (CSPs)?

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May 19, 2017

EXPANDING COMMUNICATIONS SERVICE TO THE EU WHILE COMPLYING WITH MANDATES FOR PRIVACY AND LAW ENFORCEMENT

As American communications service providers expand their networks to the European Union they’ll confront a phalanx of new privacy laws and evolving mandates to assist law enforcement. The following examines the regulatory hurdles.

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April 28, 2017

HOW CALEA SOLUTIONS IMPROVE SECURITY IN COMMUNICATION NETWORKS

Communication service providers in the US are generally required by the federal CALEA statute to equip their networks with hardware/software solutions that facilitate lawful electronic surveillance. CALEA solutions provide the technical capabilities law enforcement agencies need to conduct court-ordered surveillance in criminal and terrorist investigations. For example, a state police department may need to intercept the calls of a criminal suspect using a cell phone. Or the FBI may monitor the broadband signals of a terrorist suspect communicating on the Internet.

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December 12, 2016

HOW WILL THE UK’S NEW SURVEILLANCE LAW IMPACT AMERICAN COMMUNICATION SERVICE PROVIDERS?

On November 29th the United Kingdom adopted a surveillance law that raised a novel issue of law enforcement assistance and privacy. How does the new law impact U.S.-based communication service providers?

The UK’s new Investigatory Powers Act

The UK’s existing Data Retention and Investigatory Powers Act of 2014, or “DRIPA,” already requires UK communication service providers to facilitate lawful surveillance and retain data on their subscribers’ past communications. To meet the data retention mandate, a service provider must store records on every subscriber’s past voice communications, emails, and text messages, and disclose them to the government upon lawful request.

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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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