Privacy & Lawful Intercept (LI)

There is a proposal that the Communications Assistance for Law Enforcement Act (CALEA) {47 U.S.C. § 1001 et seq. [CALEA]} should be applied to VoIP services (and other data services) to "conduct lawful electronic surveillance":

U.S. Dept. of Justice, FBI and DEA, Joint Petition [to US FCC] for Rulemaking to Resolve Various Outstanding Issues Concerning the Implementation of the Communications Assistance for Law Enforcement Act, 10 March 2004 [DOJ 2004].

Types of surveillance [Holdrege 2002]:

“pen register”	records call-identifying information for calls originated by a subject
“trap and trace”	records call-identifying information for calls received by a subject, and
“interception”	records the conversations of the subject, as well as call identifying information

There is a great variety of proposals for LI [VeriSign 2004].

Slide Notes

Communications Assistance for Law Enforcement Act. CALEA - 47 USC 1001-1010. Title 47--Telegraphs, Telephones, and Radiotelegraphs. Chapter 9--Interception of Digital and Other Communications http://www.techlawjournal.com/agencies/calea/47usc1001.htm

Matt Holdrege, “Supporting Lawful Intercept in IP-based Networks”, IEEE Homeland Defense Series, March 2002 http://www.ewh.ieee.org/r6/lac/csspsvts/briefings/holdrege.pdf

United States Department of Justice, Federal Bureau of Investigation and Drug Enforcement Administration, Joint Petition [to US FCC] for Rulemaking to Resolve Various Outstanding Issues Concerning the Implementation of the Communications Assistance for Law Enforcement Act, 10 March, 2004 http://www.steptoe.com/publications/FBI_Petition_for_Rulemaking_on_CALEA.pdf

VeriSign Switzerland SA, “Integration and Treatment of VoIP and other IP-Enabled Services LI specifications”, Joint ETSI TC LI and 3GPP SA3 LI meeting, document td003, Povoa de Varzim, Portugal, 22 - 23 July 2004 http://www.3gpp.org/ftp/tsg_sa/WG3_Security/TSGS3_LI/Joint_Meetings/2004_07_Povoa/TD03%20integration.pdf

Transcript

[slide388] In the U.S., the applicable rule is usually CALEA, Communications Assistance for Law Enforcement Act. Other countries have similar regulations. But it divides it into three different things, a pen register, trap and trace, and interception. And one is basically, you record who the party's calling. So just the calls that they originate, you keep track of the number or the SIP URI. The other is who calls them. And the most invasive is you actually record the conversations.