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{

Communications Assistance For

Law Enforcement Act:

An Assessment of Policy Through

Cost and Application



{

Christopher Doval, Esq. Assistant Professor of Management and Marketing

Reginald F. Lewis School of Business

J. D. + M. S. – Telecommunications, Security and

Network Management

Syracuse University College of Law and School of

Information Studies

Go Orange!



2008

The Federal governmentspent 90 million dollars onthe installation andmonitoring of wiretaps

Average Federal – 70k

Average State – 41K





Types of Surveillance

The Wiretap – Call content

Pen Register – Outgoing Call Identifying Info

Trap and Trace Device – Incoming CII



StandardOperating

Procedure forWiretaps(Not Pen Registers – PC necessary)

DetailedAffidavit

Probable Cause Specific,

Serious,IndictableCrime

With PrimaryInvestigator

Official CourtOrder

With Approvalof SupervisingAttorney

1. Primary

Investigator2. Government

Attorney

3. Federal or

State Judge

In whether to issue such acourt order…

(1) PC that individual is Committing,

Has Committed, or

Will Commit a crime

(2) PC that communications

with obtain informationregarding offense

(3) Normal investigativeProcedures have either…

Been Tried and Failed

Too Dangerous. or Unlikely to succeed

(4) PC that the facilities inquestion are connected withthe reception or transmissionof such offense



If no luck just file anextension...



And then there was CALEA…



Why do I care?

Congressional foresight permitted that where a“service is a replacement for a substantialportion of the local telephone exchange,” theFCC may deem an entity a communications

carrier, and therefore subject it to CALEA’ssurveillance standards.



What is a TelecommunicationsCarrier?

AT&T, Sprint, Verizon, etc.Wireline and Cellular

ISPsUniversities and CollegesVOIP

DifficultiesSlippery Slope – Twitter? Facebook? Google

Chat?



Prior to 1994…

Telecommunications carriers must provide “anyassistance necessary to accomplish an electronicinterception.”

Prior to CALEA, it was unclear what theseverity of the accommodation should be.

183 Wiretaps go unfulfilled

Average Cost: 250 + Administrative fees for 30days


http://slidepdf.com/reader/full/caleappt-copy 12/32Then and Now…

Circuit Switching

Packet Switching(ISPs and VoIP – Skype, Vonage, Etc.Different Solutions for each)



Post 1994…

CALEA requires networks to modify theirelements, such as switches, computers, software,and even business processes, to facilitate lawenforcement.

Average Cost: 2,200 + Administrative fees for 30days



Post-1994CALEA’s Expectations

Expeditiously and

unobtrusively Isolate call

content and

Identify callidentifyinginformation

Then transport

to authorities

MaximumCapacity forInterceptions

1. Capability 2. Network

Capacity

3. Security

and Integrity

All surveillancecan only beactivated via courtorder.

Via PrescribedOfficer

According toImplementationPlan



The Punch List – Must haves

(1) Conference Calling Content of Subject-Initiated Conference Calls

(2) Multi-Party Call – Party Hold, Party Join, Party Drop

(3) Dialing/Signaling Information

(4) Ring/Busy Signal

(5) Timing Information – Timing to Associate Call Data to Content

(6) Dialed Digit Extraction

(7) Cell Site Location!!!



Scope of the Act

Aid and Cost Recovery 500 Million for Pre-CALEA Updates

Higher subscription rates for consumers Double Tax?

Higher fees for Wiretaps Lack of ROI

Non-Compliance Costs 10k for every day a court order cannot be complied

with. FCC may randomly audit



The Federal Bureau of

Investigation



Costs of Implementation

Handles Reimbursements ofTelecommunications carriers pre-1994

Also funded licenses to hardware andsoftware solutions.

Compliance Assistance EffortsCollaborates with agencies and developersFurther the future of securityAskCalea.net – utterly useless to laymen



TelecommunicationsCarriers



What is a TelecommunicationsProvider?

AT&T, Sprint, Verizon, etc.

Wireline and Cellular

ISPs

Universities and Colleges

VOIP

Difficulties and the Slippery Slope



Roughly 1,300 Telecommunications Carriers

Controlling 12,315 switches

CALEA compliance cost per switch 24k to 33k

Who Pays for this?

Us!

Double Tax?

Less noticeable for larger carriers



C o

s t s o f

I m p l e m e

n t a t i o

n



The Trusted Third Party

Self-deploying a CALEAsolution in-house can lead to

Extensive capital andoperational costs

Extensive legal liability

Outsourcing your compliance.

Guaranteed current andongoing compliance

Simple delivery rather than tomultiple LEAs

No Increase in staff orresponsibilities

Lower hardware and

maintenance costs

Big brother Image



{ {In-house Interceptionand Delivery

Upfront capital costs Additional hardware

Additional manpower

Better network security

Better subscriber privacy Initial costs from 70k to

40m. Low running costs

Outsourced Interceptionand Delivery by TTP

Upfront capital costs vary Startup fees

Initial upgrade fees

Recurring Monthly fees

Per warrant incident fees

Recurring upgrade costs

Software and hardware

Potentially higher longterm costs

Implementation Models



Law Enforcement



From a law enforcement perspective,conducting electronic surveillance is expensiveenough to dissuade the authorities from notonly using surveillance tools, but also from

even installing them.

In 2008, 14,169 law enforcement agenciesequates to a multi-billion dollar investment.



No StandardRate?

• Practically neveritemized

• Specific CostsUnavailable…

Pinging Fee?Initiation Fee?Intercept Fee?Maintenance Fee?

Cost of Reports?



Equipment

Costs.• Law Enforcement

Agencies would rather

share, lease from otheragencies or do without.

• Installation – 100k – Several Million

• Yearly Maintenance – 30k

• Upgrades?



Delivery MethodsOne line per switch per carrier.Despite 70 of wiretaps are wirelessnot traditional phone lines or VoIP

• Chosen by Carriers

• Despite the affordablenature of dial-out, FrameRelay, or VPN…

•

Carriers demand T-1connections forconsistency

• Dial-out - $60 per line.• T-1 - $1,300 per line.

• Plus 575 – 1,800 monthlymaintenance charge per

line.



Due to overhead, equipment,delivery and maintenance costsmany Law Enforcement Agenciescannot afford to wiretap.

Either perform the tap itself or even

install the equipment.



Ultimately, providingcommunications services is a

dangerous service.

The moment the CALEA switchflips it will become expensive.



Questions?

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