IEEE & Expansion of 1994's Communications Assistance

for Law Enforcement Act (CALEA)

E-mail & Security ServicesInformation Technology Department

2 December 2005

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Background Congress passed the Communications Assistance for Law

Enforcement Act (“CALEA”) in 1994.

The Act requires telephone companies to engineer their switching systems, generally at their own cost, to provide access to law enforcement agencies for the enforcement of

court-ordered wiretaps.

Federal Communications Commision (FCC) exercises primary enforcement jurisdiction under the Act

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Background In response to a joint petition by the Department of Justice, the

FBI and the Drug Enforcement Agency, the FCC, recently issued an order to extend the reach of CALEA to facilities-based broadband internet access providers and interconnected voice over Internet protocol (“VoIP”) service providers.

The Order became effective on November 14, 2005. It requires affected service providers to facilitate lawful requests for surveillance of specific communications on their networks by putting in place by the end of an 18-month transition period a combination of new equipment, trained personnel, policies and procedures.

IEEE consulted its legal counsel (Dorsey and Whitney) to understand any implications due to the IEEE Email Aliases Service.

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Conclusion Legal counsel has indicated that the fact that IEEE does not play

the role of an ISP in its operation of the alias e-mail service suggests that the FCC’s concept of “facilities-based broadband Internet access provider” would not apply to IEEE.

According to the FCC, an entity qualifies as a telecommunications carrier under the “Substantial Replacement Provision” if:

the entity must be engaged in providing wire or electronic communication switching or transmission service

the service provided is a replacement for a substantial portion of the local telephone exchange service

the FCC finds that it is in the public interest to deem a person or entity to be a telecommunications carrier for purposes of CALEA.

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Conclusion

In summary, because the second test of the FCC’s “Substantial Replacement Provision” does not appear to be satisfied, IEEE is unlikely in our view to be considered a “telecommunications carrier” under CALEA as a result of its offering of the personal alias e-mail service.