Lawful surveillance, explained straight.

How Could a Foreign-Owned Communication Service Provider Fail to Gain Access to the US Market?

On April 4th President Trump issued an order titled “Executive Order Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Sector” (the “E

Could a Communication Service Provider Be Held Liable for Implementing an Invalid FISA Order?

Congress is debating whether to renew certain provisions of the Foreign Intelligence S

Does CALEA Permit the FCC to Ban “Untrustworthy” Equipment Vendors Such as Huawei and ZTE?

The Federal Communications Commission rarely adopts rules directed at certain named communications companies. It is unprecedented for the Commission to use the CALEA lawful surveillance statute a

What Does the U.S.-U.K. Data Access Agreement Mean for International Communication Service Providers?

Earlier this month the governments of the United Kingdom and United States signed an agreement to help law enforcement agencies (LEAs) in each country gather digital evidence in the other country

May a U.S. Court Require a Communication Service Provider to Intercept Communications in a Foreign Country?

Most Americans probably assume the U.S. Wiretap Act applies only in the U.S. It is difficult to imagine how a judge in any one country could find authority to order electronic surveillance in ano

Is Rich Communication Service Subject to the CALEA Lawful Surveillance Statute?

The wireless communications industry is increasingly deploying a new service known as rich communication service, or “RCS.” If RCS is subject to the Communications Assistance for Law Enforcement

Together We’re Saving Lives

Given the sensitive issue of consumer privacy rights and government overreach, it is not surprising that some may view subpoena compliance and lawfully authorized electronic surveillance as an in

Should Advanced Communications Networks Install Lawful Surveillance Capabilities?

Facebook recently announced a major redesign of its social media platform that will accommodate more advanced communications. Other high-tech competitors, including website operators, app develop

How Would a New Nationwide Privacy Law Impact Communication Service Providers?

Congress may soon adopt a statute to provide nationwide privacy protection for personal information collected online. How would the new law affect communication service providers (CSPs)? State pr

Australia’s New Encryption Law: What Does It Mean to the Communications Industry?

On December 8th the government of Australia enacted a statute designed to help law enforcement and intelligence agencies overcome technical barriers to lawful electronic surveillance. The most no

Subsentio General Counsel Joel Margolis Interviewed by Corporate Counsel Magazine

Last week Corporate Counsel Magazine interviewed Subsentio General Counsel Joel Margolis. The reporter asked Joel about Subsentio’s comments in the pending Department of Commerce rule making proc

How Are Law Enforcement Investigations Affected by the Supreme Court’s Ruling on Wireless Location Privacy?

I recently moderated a legal seminar in Washington, D.C. on the issue of wireless location privacy. The seminar was hosted by the Federal Communications Bar Association, and the panelists represe

How Will Australia Facilitate Lawful Surveillance of Encrypted Communications?

The Australian government recently announced that it will soon introduce legislation to facilitate lawful surveillance of encrypted communications. How will the Australian law work, and what are

Law Enforcement Canada:

Attached is the request and thank you for your assistance we were able to find her and bring her to safety.

Law Enforcement:

I wanted to let you both know that the child was recovered alive (from the kidnapper) and safe at the address identified through your efforts. Thank you so much for your help today!!

Law Enforcement:

On behalf of the Task Force, I want to thank you for your assistance yesterday with the child pornography emergency. At 1:30 this morning, the subject was arrested, and the 2-year old victim was

Individual inquiry:

I would like to compliment one of Subsentio’s Analysts for helping me when I phoned Subsentio. He gave me clear instructions on the procedure for objecting to the subpoena. Of course, he could no

Subsentio customer:

I would just like to let you all know with your help today we were able to locate the family and the child is safe!!!!!!! We appreciate your assistance.

Subsentio customer:

I wanted to send a quick note singing a Subsentio Analyst’s praises. He spent time with me today, working through a difficult situation with one of our customers who subpoenaed his own records. H

Subsentio customer:

… relies on Subsentio, LLC who are always responsive in processing our Exigent (Emergency) Subpoenas. If they had a slogan, it should be “Subsentio Saves Lives”. During our years of working with

Will All Electronic Communications Eventually Acquire Top-Level Privacy Protection?

The US Supreme Court recently issued a ruling that curbs law enforcement agency (LEA) access to subscriber location records stored by wireless communication service providers (CSPs). In Carpenter

How Will the Proposed EU Production Order and the US Cloud Act Affect International Communications Service Providers?

The European Commission just proposed legislation to solve the problem faced by European law enforcement agencies (LEAs) when they try to collect investigative data such as emails and text messag

The Complex World of Privacy Protection: What International Communications Service Providers Must Know

In 2018 two new privacy laws take effect in the European Union. One is the General Data Protection Regulation (GDPR), which upgrades the general EU standards of privacy protection. Included in th

Will the Supreme Court Raise the Bar for Law Enforcement Collection of Subscriber Location Data?

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

How Can an International Communication Service Provider Avoid International Conflicts of Surveillance Laws?

As US communication service providers (CSPs) increasingly enter foreign markets they become subject to foreign mandates for lawful electronic surveillance, otherwise known as lawful interception

Why Are Demands for Public Safety and Privacy Colliding on the US-EU Internet Highway?

The US and European Union have struggled for years to maintain open channels of Internet communications while reconciling growing demands for public safety and communications privacy. This year t

When May a Communications Service Provider Disclose the Existence of a National Security Letter?

Last month the Ninth Circuit Court of Appeals issued a ruling that touched the intersection between communications service providers (CSPs), public safety, and subscriber privacy. The issue was w

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

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 follow

Origins & Mission

In an age of wiretaps and instant communication, this Chantilly firm looks to grow

Andy Medici Staff Reporter Washington Business Journal Steve Bock just wanted to catch the bad guy. Bock was working for intelligence and technology firm SS8 on the day of the Sept. 11 terrorist

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 surveillan

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 pr

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 play

Virtualization — Staying Ahead of Criminals and Terrorists

I’ve spent most of my career in telecommunications and in all the years of booms and busts I have not seen a more disruptive shift in this industry as we are experiencing today. The key drivers a

Honoring Deputy David Geer

Deputy Derek Geer, 40, was mortally wounded in the line of duty on Monday, February 8, 2016. A 15-year Mesa County, Colorado Deputy Sheriff veteran, Derek loved law enforcement and his community.

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 ne

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

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

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 priva

The Mission

A year has passed since Subsentio purchased the Neustar Legal Compliance Services Division. What a year it’s been. When I’m asked was it worth it my answer is “absolutely ‘yes.” Subsentio has dou

CTO Marcus Thomas: “The Wicked Problem of Going Dark”

In today’s CEO Perspective, Subsentio president and CEO Steve Bock speaks with CTO Marcus Thomas on the issue of law enforcement “going dark” in the face of rising challenges that make it increas

Should a Service Provider Notify Customers When They Are Subject to Law Enforcement Investigations?

Ready for the latest privacy law challenge by an American Internet giant against American law enforcement? This time the tech giant is Microsoft. The lawsuit claims a non-disclosure rule in the E

Proposed FCC Privacy Rules May Add Liability for Errors in Lawful Surveillance

If an ISP compromises subscriber privacy or cyber security when assisting a law enforcement investigation it may incur liability under the Electronic Communications Privacy Act (ECPA). That same

CEO Perspective: CSO Todd McDermott – “Trust is the Essence of Security”

Privacy protection, security, and serving the needs of diverse “masters” ranging from the communications service provider (CSP) subject to CALEA compliance, to the law enforcement agency (LEA) re

The Apple-FBI Encryption Dispute Looks Like a Fight Between Subscriber Privacy and National Security, but It’s Not

The media is ablaze with the Apple-FBI encryption debate, cast as a battle between subscriber privacy and national security. Unfortunately, the spectacle misses the point of the underlying story.

Apple vs the FBI

Privacy vs National Security Subsentio Legal Team Following the attack by ISIS-aligned terrorists in San Bernardino, CA, the Federal Bureau of Investigation (FBI) has asked Apple for assistance i

CEO Perspective: A Sit-Down with Subsentio’s “Testing Guru”

Subsentio President and CEO Steve Bock speaks with Shawn Hannon, VP of Engineering and Chief Information Security Officer on the difference Subsentio peoples’ experience makes to our clients. Sha

Could the Government and Social Media Providers Combat Online Terrorist Recruitment?

Last month several U.S. national security officials met with top Internet industry CEOs in Silicon Valley to enlist their help in the surveillance of online terrorist recruitment. Soon after, Goo

The CALEA Trusted Third Party — Who Do You Trust?

As the nation’s leading CALEA Trusted Third Party (TTP), Subsentio has focused on solving electronic surveillance issues since 9/11. Trust is the essence of our business. Every day literally hund

Is the New Cybersecurity Act a Surveillance Act in Disguise?

In the recent Congressional rush to pass an omnibus spending plan and keep the federal government running for another year, House Majority Leader Paul Ryan quietly inserted a cybersecurity bill.

Why “Just-in-Time” CALEA Compliance Solutions are Never on Time

Subsentio takes a hard look at “Just-in-Time” CALEA Compliance Solutions and how they can put both public safety and CSPs themselves at risk. Anyone who has worked with Subsentio knows our passio

Will the Paris Attack Prompt an Update of CALEA?

The November 13th terrorist attacks in Paris triggered an immediate expansion of electronic surveillance in the U.S. Within two days of the attacks, CNN and other news outlets reported that the F

How State Legislatures Are Changing the Balance of Public Safety and Privacy

On Oct. 8, 2015 the California state government enacted the California Electronic Communications Privacy Act (CalECPA). The new law, which takes effect January 1, 2016, significantly changes the

How The Court Order Process Works

Interview with Marc Hopper, Subsentio LEA Officer Over the last decade, the needs of law enforcement for electronic surveillance to investigate and apprehend criminals have risen significantly, l

Is Your Company Really CALEA Compliant?

Martin McDermott, Chief Operating Officer CALEA compliance is a cost of doing business for service providers. They are not able to directly recover all of their costs, but regardless, they must c

The FTC’s Authority to Regulate Cyber Security

A recent federal court pronouncement significantly impacted industry’s obligation to maintain cyber security. Here is what communication service providers need to know.

Another Lawsuit by an Internet Giant Against a Police Search of Communication Records

Communication service providers have traditionally maintained a healthy skepticism towards law enforcement requests for subscriber information. An important part of the service provider’s job is

Implications of the Latest Annual Wiretap Report

Every July the Administrative Office of the U.S. Courts reports on the wiretaps conducted by the government in the prior year. The annual wiretap report makes the public aware of the surveillance

Impact of the USA Freedom Act on the U.S. Telecommunications Industry

On June 2nd Congress enacted the USA Freedom Act, and the president signed it into law. The purpose of the Act was to scale back the National Security Agency’s bulk domestic metadata collection p

When May a Communication Service Provider Refuse to Comply With a Subpoena?

Communication service providers are frequently served with subpoenas from law enforcement agencies and civil litigants seeking information on communication service subscribers. A subscriber’s bil

Prospects for the Local Number Portability Transition and Law Enforcement Assistance

Local number portability is the Congressional mandate that lets you keep your phone number when you switch to a new telephone or wireless service provider. Since the advent of LNP in 1997 the FCC

Summary of the FCC’s Open Internet Order

This is an historic ruling because it purports to “regulate the Internet.” Here’s a summary. First, the Order reclassifies fixed and mobile broadband Internet access service as a “telecommunicati

Did AT&T Violate CALEA?

Service providers should carefully validate government requests for surveillance to avoid liability from both the courts and the FCC. A pending FCC proceeding sheds light on the subject. The stor

How Would the FCC’s Open Internet Proposal Impact the Trends of Lawful Surveillance and Privacy?

On February 4th the FCC unveiled its latest proposal to establish regulations it considers necessary for the future success of broadband Internet access. The “Open Internet” policy would declare

Verizon’s Encryption Policy May Resolve a Conflict Between Privacy and Public Safety

In October of 2014, Apple and Google announced new privacy enhancements to their handset encryption policies that was considered so obstructive to public safety that FBI Director James Comey bega