Comprehensive Legal Counsel for CALEA and Law Enforcement Assistance

Navigating the intricate landscape of legal and regulatory obligations for communications service providers, including those required to file FCC Form 499, can be challenging. Among these obligations is compliance with the Communications Assistance for Law Enforcement Act (CALEA) and the duty to maintain and file a System Security and Integrity Plan (SSI Plan) with the FCC.

While many service providers diligently fulfill their day-to-day responsibilities to assist law enforcement, such as responding to lawful subpoenas, gaps in compliance with technical, administrative, and esoteric requirements can arise, potentially leading to legal repercussions.

Why CALEA Compliance Matters

Pursuant to CALEA, telecommunications carriers, which encompass entities engaged in transmitting or switching electronic communications to the public for hire, must ensure they can, upon appropriate legal authorization, isolate and deliver intercepted communications to law enforcement agencies.

What CALEA Compliance Entails

CALEA compliance involves:

• Technical Solutions: Implementing technical solutions to facilitate the interception of communications.
• SSI Plan: Developing, maintaining, and adhering to policies and procedures outlined in the carrier's SSI Plan, which is submitted to the FCC for review and acceptance.
• Designated Officer: Appointing a senior officer or employee responsible for authorizing intercepted communications or call-identifying information only when legally authorized.

Penalties for Non-Compliance

Failure to comply with CALEA can result in substantial penalties, with potential exposure of up to $20,731 per violation or day, up to a maximum of $155,485. These penalties are in addition to other fines for violations such as incomplete Form 499 registration or failure to file with the FCC.

Given the compounding nature of these penalties, proactively addressing compliance requirements is crucial, especially when facing an investigation initiated by even minor omissions.

Our Expertise

Our attorneys are seasoned experts in helping clients navigate the complexities of federal, state, and international laws governing cybersecurity and law enforcement access. We offer tailored solutions, including:

Comprehensive Programs: We work individually with clients to develop comprehensive cybersecurity and data protection programs that meet the needs of communications service providers.

Regulatory Guidance: Our team provides guidance on compliance issues arising under ECPA, CALEA, FISA, Cable and Wiretap Acts, and assists in implementing various orders and requests, including Wiretap, FISA, Pen Register, Trap and Trace Orders, and NSLs.