Officials Push to Bolster Law on Wiretapping
By CHARLIE SAVAGE
October 18, 2010
WASHINGTON — Law enforcement and counterterrorism officials, citing lapses in compliance with surveillance orders, are pushing to overhaul a federal law that requires phone and broadband carriers to ensure that their networks can be wiretapped, federal officials say.
The officials say tougher legislation is needed because some telecommunications companies in recent years have begun new services and made system upgrades that caused technical problems for surveillance. They want to increase legal incentives and penalties aimed at pushing carriers like Verizon, AT&T, and Comcast to ensure that any network changes will not disrupt their ability to conduct wiretaps.
An Obama administration task force that includes officials from the Justice and Commerce Departments, the F.B.I. and other agencies recently began working on draft legislation to strengthen and expand the Communications Assistance to Law Enforcement Act, a 1994 law that says telephone and broadband companies must design their services so that they can begin conducting surveillance of a target immediately after being presented with a court order.
The disclosure that the administration is seeking ways to increase the government’s leverage over carriers already subject to the 1994 law comes less than a month after The New York Times reported on a related part of the effort: a plan to bring Internet companies that enable communications — like Gmail, Facebook, Blackberry and Skype — under the law’s mandates for the first time, a demand that would require major changes to some services’ technical designs and business models.
“We think that the F.C.C. has already conceded too much to the bureau,” said Marc Rotenberg, the president of the Electronic Privacy Information Center. “The F.B.I.’s ability to have such broad reach over technical standard-setting was never anticipated in the 1994 act.”
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http://www.nytimes.com/2010/10/19/us/19wiretap.html?ref=us&pagewanted=all