1. Why do we have to do this?
Federal law specifies that all telephone and data providers make available a means to execute surveillance on communications that flow through the provider’s network.
Please see http://www.askcalea.net/ for more specifics.
2. Is there a deadline for CALEA compliance?
Providers are required to be CALEA compliant by May 14, 2007.
Please see http://www.askcalea.net/ for more specifics.
3. What is the minimum in order to be compliant?
Minimum compliance means being able to execute ANY valid warrant for surveillance on ANY user on your
network in a timely manner. Carriers must be able to provide both content of communication and communication-identifying information along with a correlation of those elements.
This must be accomplished while maintaining confidentiality, integrity, and authentication of the communication-identifying information. The term of law stated is that compliance is to be on a ‘best efforts’ basis.
Please see http://www.askcalea.net/ for more specifics.
4. What happens if we do not incorporate a solution?
You will be subject to fines of up to $10,000 a day (until you come into compliance) from the Courts.
You are also subject to fines from the FCC as they have the enforcement responsibility for the
CALEA mandate.
5. How will I know I need to notify you for an intercept?
The customer will receive a warrant from a law enforcement agency.
6. How will we notify you that we have received a warrant?
Intelleq has a dedicated fax line for receiving warrants.
7. What laws actually dictate this need?
For an exhaustive list, please visit http://www.askcalea.net/.
8. Will our network ever be evaluated for compliance?
There is no evaluation or certification for CALEA compliance. Lack of ability to fulfill the request demonstrates
a lack of compliance. Likewise, the provider’s ability to fulfill a warranted surveillance request demonstrates
CALEA compliance.
9. Is there a CALEA certification?
There is no evaluation or certification for CALEA compliance. The test rests in the provider’s ability to fulfill a warranted surveillance request.
10. What is Intelleq’s role as a Trusted Third Party?
Intelleq will provide the access, delivery, and collection functions required for your CALEA compliance. The burden of capturing the intercept and delivering the information to the appropriate law enforcement agency will rest on Intelleq’s lawful intercept platform. The burden of complying with the warrant still rests with your company.
11. What is a Trusted Third Party?
A Trusted Third Party (TTP) is an entity a carrier has allowed to implement their CALEA compliance program.
The TTP can provision, implement, and maintain resources for the carrier. A TTP is recognized by the
government as an entity that can act in behalf of the carrier to implement CALEA compliance while
maintaining a certain level of indemnification.
12. What law allows us to use a Trusted Third Party?
Well established service providers may use agents to carry out their technical assistance and records production obligations according to the following laws.
• 18 U.S.C Section 2511(2)(a)(ii); 2518(4)
• 18 U.S.C. Sections 3124(a) & (b)
• 50 U.S.C. Section 1805
• Legislative History to CALEA
• FCC Second R&O (2000)
Please see http://www.askcalea.net/ for more specifics.
13. How much of my risk or responsibility is placed on Intelleq as a Trusted Third Party?
Intelleq will be a partner in the provisioning of the customer’s CALEA compliance. Intelleq will endeavor to put forth the resources necessary to work with the customer to complete the required intercept requests.
14. Is Intelleq a Trusted Third Party? Are they certified as such?
Intelleq does qualify as a Trusted Third Party. The relationship of Trusted Third Party is one that is established between the carrier and Intelleq. By identifying Intelleq as a Trusted Third Party, your business gives Intelleq that status which will allow Intelleq to operate in your name for certain aspects of your CALEA process. There is no authority certifying any company as a certified Trusted Third Party. The title exists as the relationship is solidified between the carrier and Intelleq.
15. Who certifies Trusted Third Parties?
The relationship of Trusted Third Party is one that is established between the carrier and Intelleq. By identifying Intelleq as a Trusted Third Party, your business gives Intelleq that status which will allow Intelleq to operate in
your name for certain aspects of your CALEA process. There is no authority certifying any company as a certified Trusted Third Party. The title exists as the relationship is solidified between the carrier and Intelleq.
16. Who can issue an intercept?
A warrant may originate from a number of entities that include local and state law enforcement agencies, federal
law enforcement agencies, local and state prosecutors, the US Justice Department, and other federal agencies.
A valid warrant will have a judge’s signature.
17. How do we validate those requests?
Validating a warrant means being able to ascertain the signature is that of a judge in good standing.
18. Is there a template or a place where we can find filings and other documents we may need?
Intelleq has examples and templates available for your use on our website http://www.intelleq.net/calea.
19. How do I find who the law enforcement agencies are for my customer base?
Unfortunately, there is not a defined list. A warrant may come from a number of entities that include local, state,
and federal law enforcement agencies, local and state prosecutors, the US Justice Department, and other
federal agencies. A valid warrant will have a judge’s signature.
20. Do I need to connect directly to the law enforcement agencies?
Intelleq has the responsibility of collecting the data from the intercept and transmitting it to the appropriate
law enforcement agencies. As our customer, you do not have to provide any means for law enforcement
agencies to connect to your network.
21. Is IP video telephony subject to CALEA?
Yes, it can be warranted for capture. A private network is exempt from CALEA under Section 103(b)(2)(B).
However, once a network becomes large enough to ''replace'' a portion of the PSTN, that network would
become responsible for CALEA.
22. Who will be contacted with warrants?
As a carrier, you will be contacted. It is then your responsibility to contact Intelleq to implement the intercept.
23. How available does the designated person who deals with warrants need to be?
According to the law, you could be served with a warrant at any time. Intelleq offers a system that will be able
to deal with warrants received in the middle of the night.
24. How available will Intelleq be for the receiving of warrants?
What if I get one in the middle of the night?
Intelleq will make itself available via a dedicated fax line for you to submit a warrant on a 24/7 basis.