Shortly all broaband providers in the USA will be required to become compliant as I understand. Has anyone looked into this? Mikrotik?
http://hraunfoss.fcc.gov/edocs_public/a ... 6-56A1.pdf
Matt
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The U.S. Congress passed the Communications Assistance for Law Enforcement Act (CALEA) in 1994 to aid law enforcement in its effort to conduct surveillance of digital telephone networks. CALEA forced telephone companies to redesign their network architectures to make such surveillance easier. It expressly excluded the regulation of data traveling over the Internet.
Then in a FCC documentDoes the FCC propose to apply CALEA to all types of online communication, including instant messaging and visits to websites?
Not yet. The NPRM proposes CALEA coverage of "only" broadband Internet access services and managed VoIP services, and excludes instant messaging and email. However, the FCC's broad understanding of the substantial replacement clause will create a stifling regulatory environment in which law enforcement will undoubtedly contend that other emerging communications technologies fall under CALEA. And industry could add surveillance-ready equipment, services, and network capability as an attempt to appease law enforcement given the current national focus on homeland security (and indeed some already have — see Cisco's CALEA architecture, which is expected to become a more formal RFC at some point). Given product-development cycles that can take two years or more, industry may hedge its bets by building in surveillance-friendly features now rather than waiting for government mandates. Inevitably, law enforcement will seek over time to bring more and more communications services under the CALEA umbrella.
In one description CALEA specifically applies only to voice calls, and not to other data traffic, It is also referenced as to only applying to a Facilities-Based digital telephone company.In the Second Report and Order (Second R&O), we address several issues regarding
CALEA implementation raised in the Notice of Proposed Rulemaking (Notice) in this proceeding. In
particular, the Second R&O addresses the assistance capabilities required, pursuant to section 103 of the
Communications Assistance for Law Enforcement Act (CALEA),1 for facilities-based broadband Internet
access providers and providers of interconnected Voice over Internet Protocol (VoIP).
so one could argue that as a WISP, we are not required to comply with any CALEA regulations as we do not deliver out services over a wire or cable, even if we provide VoIP Services...Facilities-Based – A telecommunications company provides its services over wire and cable that they own (opposite of resale).
this sounds to me like nearly all ISP's are going to be exempt, unless you are also a (I/C)LEC providing VoIP.....Sec 102 (8 ) The term `Telecommunications carrier'--
(A) means a person or entity engaged in the transmission or switching of wire or electronic communications as a common carrier for hire; and
(B) includes--
(i) a person or entity engaged in providing commercial mobile service (as defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d))); or
(ii) a person or entity engaged in providing wire or electronic communication switching or transmission service to the extent that the Commission finds that such service is a replacement for a substantial portion of the local telephone exchange service and that it is in the public interest to deem such a person or entity to be a telecommunications carrier for purposes of this title; but
(C) does not include--
(i) persons or entities insofar as they are engaged in providing information services; and
(ii) any class or category of telecommunications carriers that the Commission exempts by rule after consultation with the Attorney General.