Government Affairs Blog

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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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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