US (United States) Code. Title 47. Chapter 9: Interception of digital and other communications

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Telegraphs, telephones, and radiotelegraphs

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 29 páginas
publicidad

-CITE-

47 USC CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER

COMMUNICATIONS 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

-HEAD-

CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

-MISC1-

SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

Sec.

1001. Definitions.

1002. Assistance capability requirements.

(a) Capability requirements.

(b) Limitations.

(c) Emergency or exigent circumstances.

(d) Mobile service assistance requirements.

1003. Notices of capacity requirements.

(a) Notices of maximum and actual capacity

requirements.

(b) Compliance with capacity notices.

(c) Notices of increased maximum capacity

requirements.

(d) Carrier statement.

(e) Reimbursement required for compliance.

1004. Systems security and integrity.

1005. Cooperation of equipment manufacturers and providers

of telecommunications support services.

(a) Consultation.

(b) Cooperation.

1006. Technical requirements and standards; extension of

compliance date.

(a) Safe harbor.

(b) Commission authority.

(c) Extension of compliance date for equipment,

facilities, and services.

1007. Enforcement orders.

(a) Grounds for issuance.

(b) Time for compliance.

(c) Limitations.

1008. Payment of costs of telecommunications carriers to

comply with capability requirements.

(a) Equipment, facilities, and services deployed on

or before January 1, 1995.

(b) Equipment, facilities, and services deployed

after January 1, 1995.

(c) Allocation of funds for payment.

(d) Failure to make payment with respect to

equipment, facilities, and services deployed

on or before January 1, 1995.

(e) Cost control regulations.

1009. Authorization of appropriations.

1010. Reports.

(a) Reports by Attorney General.

(b) Reports by Comptroller General and Inspector

General.

SUBCHAPTER II - TELECOMMUNICATIONS CARRIER COMPLIANCE PAYMENTS

1021. Department of Justice Telecommunications Carrier

Compliance Fund.

(a) Establishment of Fund.

(b) Deposits to Fund.

(c) Termination.

(d) Availability of funds for expenditure.

(e) Implementation plan.

(f) Annual report to Congress.

-End-

-CITE-

47 USC SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER

COMMUNICATIONS 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

-HEAD-

SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 229, 1021 of this

title; title 18 sections 2518, 2522, 3124.

-End-

-CITE-

47 USC Sec. 1001 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

-HEAD-

Sec. 1001. Definitions

-STATUTE-

For purposes of this subchapter -

(1) The terms defined in section 2510 of title 18 have,

respectively, the meanings stated in that section.

(2) The term "call-identifying information" means dialing or

signaling information that identifies the origin, direction,

destination, or termination of each communication generated or

received by a subscriber by means of any equipment, facility, or

service of a telecommunications carrier.

(3) The term "Commission" means the Federal Communications

Commission.

(4) The term "electronic messaging services" means

software-based services that enable the sharing of data, images,

sound, writing, or other information among computing devices

controlled by the senders or recipients of the messages.

(5) The term "government" means the government of the United

States and any agency or instrumentality thereof, the District of

Columbia, any commonwealth, territory, or possession of the

United States, and any State or political subdivision thereof

authorized by law to conduct electronic surveillance.

(6) The term "information services" -

(A) means the offering of a capability for generating,

acquiring, storing, transforming, processing, retrieving,

utilizing, or making available information via

telecommunications; and

(B) includes -

(i) a service that permits a customer to retrieve stored

information from, or file information for storage in,

information storage facilities;

(ii) electronic publishing; and

(iii) electronic messaging services; but

(C) does not include any capability for a telecommunications

carrier's internal management, control, or operation of its

telecommunications network.

(7) The term "telecommunications support services" means a

product, software, or service used by a telecommunications

carrier for the internal signaling or switching functions of its

telecommunications network.

(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 this title);

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 subchapter; 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.

-SOURCE-

(Pub. L. 103-414, title I, Sec. 102, Oct. 25, 1994, 108 Stat.

4279.)

-MISC1-

EFFECTIVE DATE

Section 111 of title I of Pub. L. 103-414 provided that:

"(a) In General. - Except as provided in subsection (b), this

title [enacting this subchapter and provisions set out below] shall

take effect on the date of enactment of this Act [Oct. 25, 1994].

"(b) Assistance Capability and Systems Security and Integrity

Requirements. - Sections 103 and 105 of this title [enacting

sections 1002 and 1004 of this title] shall take effect on the date

that is 4 years after the date of enactment of this Act."

SHORT TITLE

Section 101 of title I of Pub. L. 103-414 provided that: "This

title [enacting this subchapter and provisions set out as a note

above] may be cited as the 'Communications Assistance for Law

Enforcement Act'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 2522.

-End-

-CITE-

47 USC Sec. 1002 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

-HEAD-

Sec. 1002. Assistance capability requirements

-STATUTE-

(a) Capability requirements

Except as provided in subsections (b), (c), and (d) of this

section and sections 1007(a) and 1008(b) and (d) of this title, a

telecommunications carrier shall ensure that its equipment,

facilities, or services that provide a customer or subscriber with

the ability to originate, terminate, or direct communications are

capable of -

(1) expeditiously isolating and enabling the government,

pursuant to a court order or other lawful authorization, to

intercept, to the exclusion of any other communications, all wire

and electronic communications carried by the carrier within a

service area to or from equipment, facilities, or services of a

subscriber of such carrier concurrently with their transmission

to or from the subscriber's equipment, facility, or service, or

at such later time as may be acceptable to the government;

(2) expeditiously isolating and enabling the government,

pursuant to a court order or other lawful authorization, to

access call-identifying information that is reasonably available

to the carrier -

(A) before, during, or immediately after the transmission of

a wire or electronic communication (or at such later time as

may be acceptable to the government); and

(B) in a manner that allows it to be associated with the

communication to which it pertains,

except that, with regard to information acquired solely pursuant

to the authority for pen registers and trap and trace devices (as

defined in section 3127 of title 18), such call-identifying

information shall not include any information that may disclose

the physical location of the subscriber (except to the extent

that the location may be determined from the telephone number);

(3) delivering intercepted communications and call-identifying

information to the government, pursuant to a court order or other

lawful authorization, in a format such that they may be

transmitted by means of equipment, facilities, or services

procured by the government to a location other than the premises

of the carrier; and

(4) facilitating authorized communications interceptions and

access to call-identifying information unobtrusively and with a

minimum of interference with any subscriber's telecommunications

service and in a manner that protects -

(A) the privacy and security of communications and

call-identifying information not authorized to be intercepted;

and

(B) information regarding the government's interception of

communications and access to call-identifying information.

(b) Limitations

(1) Design of features and systems configurations

This subchapter does not authorize any law enforcement agency

or officer -

(A) to require any specific design of equipment, facilities,

services, features, or system configurations to be adopted by

any provider of a wire or electronic communication service, any

manufacturer of telecommunications equipment, or any provider

of telecommunications support services; or

(B) to prohibit the adoption of any equipment, facility,

service, or feature by any provider of a wire or electronic

communication service, any manufacturer of telecommunications

equipment, or any provider of telecommunications support

services.

(2) Information services; private networks and interconnection

services and facilities

The requirements of subsection (a) of this section do not apply

to -

(A) information services; or

(B) equipment, facilities, or services that support the

transport or switching of communications for private networks

or for the sole purpose of interconnecting telecommunications

carriers.

(3) Encryption

A telecommunications carrier shall not be responsible for

decrypting, or ensuring the government's ability to decrypt, any

communication encrypted by a subscriber or customer, unless the

encryption was provided by the carrier and the carrier possesses

the information necessary to decrypt the communication.

(c) Emergency or exigent circumstances

In emergency or exigent circumstances (including those described

in sections 2518(7) or (11)(b) and 3125 of title 18 and section

1805(e) (!1) of title 50), a carrier at its discretion may comply

with subsection (a)(3) of this section by allowing monitoring at

its premises if that is the only means of accomplishing the

interception or access.

(d) Mobile service assistance requirements

A telecommunications carrier that is a provider of commercial

mobile service (as defined in section 332(d) of this title)

offering a feature or service that allows subscribers to redirect,

hand off, or assign their wire or electronic communications to

another service area or another service provider or to utilize

facilities in another service area or of another service provider

shall ensure that, when the carrier that had been providing

assistance for the interception of wire or electronic

communications or access to call-identifying information pursuant

to a court order or lawful authorization no longer has access to

the content of such communications or call-identifying information

within the service area in which interception has been occurring as

a result of the subscriber's use of such a feature or service,

information is made available to the government (before, during, or

immediately after the transfer of such communications) identifying

the provider of a wire or electronic communication service that has

acquired access to the communications.

-SOURCE-

(Pub. L. 103-414, title I, Sec. 103, Oct. 25, 1994, 108 Stat.

4280.)

-REFTEXT-

REFERENCES IN TEXT

Section 1805(e) of title 50, referred to in subsec. (c), was

redesignated section 1805(f) of title 50 by Pub. L. 106-567, title

VI, Sec. 602(b)(1), Dec. 27, 2000, 114 Stat. 2851.

-MISC1-

EFFECTIVE DATE

Section effective on the date that is 4 years after Oct. 25,

1994, see section 111(b) of Pub. L. 103-414, set out as a note

under section 1001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 229, 1005, 1006, 1007,

1008, 1010 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

47 USC Sec. 1003 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

-HEAD-

Sec. 1003. Notices of capacity requirements

-STATUTE-

(a) Notices of maximum and actual capacity requirements

(1) In general

Not later than 1 year after October 25, 1994, after consulting

with State and local law enforcement agencies, telecommunications

carriers, providers of telecommunications support services, and

manufacturers of telecommunications equipment, and after notice

and comment, the Attorney General shall publish in the Federal

Register and provide to appropriate telecommunications industry

associations and standard-setting organizations -

(A) notice of the actual number of communication

interceptions, pen registers, and trap and trace devices,

representing a portion of the maximum capacity set forth under

subparagraph (B), that the Attorney General estimates that

government agencies authorized to conduct electronic

surveillance may conduct and use simultaneously by the date

that is 4 years after October 25, 1994; and

(B) notice of the maximum capacity required to accommodate

all of the communication interceptions, pen registers, and trap

and trace devices that the Attorney General estimates that

government agencies authorized to conduct electronic

surveillance may conduct and use simultaneously after the date

that is 4 years after October 25, 1994.

(2) Basis of notices

The notices issued under paragraph (1) -

(A) may be based upon the type of equipment, type of service,

number of subscribers, type or size or (!1) carrier, nature of

service area, or any other measure; and

(B) shall identify, to the maximum extent practicable, the

capacity required at specific geographic locations.

(b) Compliance with capacity notices

(1) Initial capacity

Within 3 years after the publication by the Attorney General of

a notice of capacity requirements or within 4 years after October

25, 1994, whichever is longer, a telecommunications carrier

shall, subject to subsection (e) of this section, ensure that its

systems are capable of -

(A) accommodating simultaneously the number of interceptions,

pen registers, and trap and trace devices set forth in the

notice under subsection (a)(1)(A) of this section; and

(B) expanding to the maximum capacity set forth in the notice

under subsection (a)(1)(B) of this section.

(2) Expansion to maximum capacity

After the date described in paragraph (1), a telecommunications

carrier shall, subject to subsection (e) of this section, ensure

that it can accommodate expeditiously any increase in the actual

number of communication interceptions, pen registers, and trap

and trace devices that authorized agencies may seek to conduct

and use, up to the maximum capacity requirement set forth in the

notice under subsection (a)(1)(B) of this section.

(c) Notices of increased maximum capacity requirements

(1) Notice

The Attorney General shall periodically publish in the Federal

Register, after notice and comment, notice of any necessary

increases in the maximum capacity requirement set forth in the

notice under subsection (a)(1)(B) of this section.

(2) Compliance

Within 3 years after notice of increased maximum capacity

requirements is published under paragraph (1), or within such

longer time period as the Attorney General may specify, a

telecommunications carrier shall, subject to subsection (e) of

this section, ensure that its systems are capable of expanding to

the increased maximum capacity set forth in the notice.

(d) Carrier statement

Within 180 days after the publication by the Attorney General of

a notice of capacity requirements pursuant to subsection (a) or (c)

of this section, a telecommunications carrier shall submit to the

Attorney General a statement identifying any of its systems or

services that do not have the capacity to accommodate

simultaneously the number of interceptions, pen registers, and trap

and trace devices set forth in the notice under such subsection.

(e) Reimbursement required for compliance

The Attorney General shall review the statements submitted under

subsection (d) of this section and may, subject to the availability

of appropriations, agree to reimburse a telecommunications carrier

for costs directly associated with modifications to attain such

capacity requirement that are determined to be reasonable in

accordance with section 1008(e) of this title. Until the Attorney

General agrees to reimburse such carrier for such modification,

such carrier shall be considered to be in compliance with the

capacity notices under subsection (a) or (c) of this section.

-SOURCE-

(Pub. L. 103-414, title I, Sec. 104, Oct. 25, 1994, 108 Stat.

4282.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1005, 1008, 1010 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "of".

-End-

-CITE-

47 USC Sec. 1004 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

-HEAD-

Sec. 1004. Systems security and integrity

-STATUTE-

A telecommunications carrier shall ensure that any interception

of communications or access to call-identifying information

effected within its switching premises can be activated only in

accordance with a court order or other lawful authorization and

with the affirmative intervention of an individual officer or

employee of the carrier acting in accordance with regulations

prescribed by the Commission.

-SOURCE-

(Pub. L. 103-414, title I, Sec. 105, Oct. 25, 1994, 108 Stat.

4283.)

-MISC1-

EFFECTIVE DATE

Section effective on the date that is 4 years after Oct. 25,

1994, see section 111(b) of Pub. L. 103-414, set out as a note

under section 1001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 229 of this title.

-End-

-CITE-

47 USC Sec. 1005 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

-HEAD-

Sec. 1005. Cooperation of equipment manufacturers and providers of

telecommunications support services

-STATUTE-

(a) Consultation

A telecommunications carrier shall consult, as necessary, in a

timely fashion with manufacturers of its telecommunications

transmission and switching equipment and its providers of

telecommunications support services for the purpose of ensuring

that current and planned equipment, facilities, and services comply

with the capability requirements of section 1002 of this title and

the capacity requirements identified by the Attorney General under

section 1003 of this title.

(b) Cooperation

Subject to sections 1003(e), 1007(a), and 1008(b) and (d) of this

title, a manufacturer of telecommunications transmission or

switching equipment and a provider of telecommunications support

services shall, on a reasonably timely basis and at a reasonable

charge, make available to the telecommunications carriers using its

equipment, facilities, or services such features or modifications

as are necessary to permit such carriers to comply with the

capability requirements of section 1002 of this title and the

capacity requirements identified by the Attorney General under

section 1003 of this title.

-SOURCE-

(Pub. L. 103-414, title I, Sec. 106, Oct. 25, 1994, 108 Stat.

4284.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1006 of this title.

-End-

-CITE-

47 USC Sec. 1006 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

-HEAD-

Sec. 1006. Technical requirements and standards; extension of

compliance date

-STATUTE-

(a) Safe harbor

(1) Consultation

To ensure the efficient and industry-wide implementation of the

assistance capability requirements under section 1002 of this

title, the Attorney General, in coordination with other Federal,

State, and local law enforcement agencies, shall consult with

appropriate associations and standard-setting organizations of

the telecommunications industry, with representatives of users of

telecommunications equipment, facilities, and services, and with

State utility commissions.

(2) Compliance under accepted standards

A telecommunications carrier shall be found to be in compliance

with the assistance capability requirements under section 1002 of

this title, and a manufacturer of telecommunications transmission

or switching equipment or a provider of telecommunications

support services shall be found to be in compliance with section

1005 of this title, if the carrier, manufacturer, or support

service provider is in compliance with publicly available

technical requirements or standards adopted by an industry

association or standard-setting organization, or by the

Commission under subsection (b) of this section, to meet the

requirements of section 1002 of this title.

(3) Absence of standards

The absence of technical requirements or standards for

implementing the assistance capability requirements of section

1002 of this title shall not -

(A) preclude a telecommunications carrier, manufacturer, or

telecommunications support services provider from deploying a

technology or service; or

(B) relieve a carrier, manufacturer, or telecommunications

support services provider of the obligations imposed by section

1002 or 1005 of this title, as applicable.

(b) Commission authority

If industry associations or standard-setting organizations fail

to issue technical requirements or standards or if a Government

(!1) agency or any other person believes that such requirements or

standards are deficient, the agency or person may petition the

Commission to establish, by rule, technical requirements or

standards that -

(1) meet the assistance capability requirements of section 1002

of this title by cost-effective methods;

(2) protect the privacy and security of communications not

authorized to be intercepted;

(3) minimize the cost of such compliance on residential

ratepayers;

(4) serve the policy of the United States to encourage the

provision of new technologies and services to the public; and

(5) provide a reasonable time and conditions for compliance

with and the transition to any new standard, including defining

the obligations of telecommunications carriers under section 1002

of this title during any transition period.

(c) Extension of compliance date for equipment, facilities, and

services

(1) Petition

A telecommunications carrier proposing to install or deploy, or

having installed or deployed, any equipment, facility, or service

prior to the effective date of section 1002 of this title may

petition the Commission for 1 or more extensions of the deadline

for complying with the assistance capability requirements under

section 1002 of this title.

(2) Grounds for extension

The Commission may, after consultation with the Attorney

General, grant an extension under this subsection, if the

Commission determines that compliance with the assistance

capability requirements under section 1002 of this title is not

reasonably achievable through application of technology available

within the compliance period.

(3) Length of extension

An extension under this subsection shall extend for no longer

than the earlier of -

(A) the date determined by the Commission as necessary for

the carrier to comply with the assistance capability

requirements under section 1002 of this title; or

(B) the date that is 2 years after the date on which the

extension is granted.

(4) Applicability of extension

An extension under this subsection shall apply to only that

part of the carrier's business on which the new equipment,

facility, or service is used.

-SOURCE-

(Pub. L. 103-414, title I, Sec. 107, Oct. 25, 1994, 108 Stat.

4284.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of section 1002 of this title, referred to in

subsec. (c)(1), is the date that is 4 years after Oct. 25, 1994,

see section 111(b) of Pub. L. 103-414, set out as an Effective Date

note under section 1001 of this title.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

47 USC Sec. 1007 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

-HEAD-

Sec. 1007. Enforcement orders

-STATUTE-

(a) Grounds for issuance

A court shall issue an order enforcing this subchapter under

section 2522 of title 18 only if the court finds that -

(1) alternative technologies or capabilities or the facilities

of another carrier are not reasonably available to law

enforcement for implementing the interception of communications

or access to call-identifying information; and

(2) compliance with the requirements of this subchapter is

reasonably achievable through the application of available

technology to the equipment, facility, or service at issue or

would have been reasonably achievable if timely action had been

taken.

(b) Time for compliance

Upon issuing an order enforcing this subchapter, the court shall

specify a reasonable time and conditions for complying with its

order, considering the good faith efforts to comply in a timely

manner, any effect on the carrier's, manufacturer's, or service

provider's ability to continue to do business, the degree of

culpability or delay in undertaking efforts to comply, and such

other matters as justice may require.

(c) Limitations

An order enforcing this subchapter may not -

(1) require a telecommunications carrier to meet the

Government's (!1) demand for interception of communications and

acquisition of call-identifying information to any extent in

excess of the capacity for which the Attorney General has agreed

to reimburse such carrier;

(2) require any telecommunications carrier to comply with

assistance capability requirement (!2) of section 1002 of this

title if the Commission has determined (pursuant to section

1008(b)(1) of this title) that compliance is not reasonably

achievable, unless the Attorney General has agreed (pursuant to

section 1008(b)(2) of this title) to pay the costs described in

section 1008(b)(2)(A) of this title; or

(3) require a telecommunications carrier to modify, for the

purpose of complying with the assistance capability requirements

of section 1002 of this title, any equipment, facility, or

service deployed on or before January 1, 1995, unless -

(A) the Attorney General has agreed to pay the

telecommunications carrier for all reasonable costs directly

associated with modifications necessary to bring the equipment,

facility, or service into compliance with those requirements;

or

(B) the equipment, facility, or service has been replaced or

significantly upgraded or otherwise undergoes major

modification.

-SOURCE-

(Pub. L. 103-414, title I, Sec. 108, Oct. 25, 1994, 108 Stat.

4285.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1002, 1005 of this title;

title 18 section 2522.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

(!2) So in original. Probably should be "requirements".

-End-

-CITE-

47 USC Sec. 1008 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

-HEAD-

Sec. 1008. Payment of costs of telecommunications carriers to

comply with capability requirements

-STATUTE-

(a) Equipment, facilities, and services deployed on or before

January 1, 1995

The Attorney General may, subject to the availability of

appropriations, agree to pay telecommunications carriers for all

reasonable costs directly associated with the modifications

performed by carriers in connection with equipment, facilities, and

services installed or deployed on or before January 1, 1995, to

establish the capabilities necessary to comply with section 1002 of

this title.

(b) Equipment, facilities, and services deployed after January 1,

1995

(1) Determinations of reasonably achievable

The Commission, on petition from a telecommunications carrier

or any other interested person, and after notice to the Attorney

General, shall determine whether compliance with the assistance

capability requirements of section 1002 of this title is

reasonably achievable with respect to any equipment, facility, or

service installed or deployed after January 1, 1995. The

Commission shall make such determination within 1 year after the

date such petition is filed. In making such determination, the

Commission shall determine whether compliance would impose

significant difficulty or expense on the carrier or on the users

of the carrier's systems and shall consider the following

factors:

(A) The effect on public safety and national security.

(B) The effect on rates for basic residential telephone

service.

(C) The need to protect the privacy and security of

communications not authorized to be intercepted.

(D) The need to achieve the capability assistance

requirements of section 1002 of this title by cost-effective

methods.

(E) The effect on the nature and cost of the equipment,

facility, or service at issue.

(F) The effect on the operation of the equipment, facility,

or service at issue.

(G) The policy of the United States to encourage the

provision of new technologies and services to the public.

(H) The financial resources of the telecommunications

carrier.

(I) The effect on competition in the provision of

telecommunications services.

(J) The extent to which the design and development of the

equipment, facility, or service was initiated before January 1,

1995.

(K) Such other factors as the Commission determines are

appropriate.

(2) Compensation

If compliance with the assistance capability requirements of

section 1002 of this title is not reasonably achievable with

respect to equipment, facilities, or services deployed after

January 1, 1995 -

(A) the Attorney General, on application of a

telecommunications carrier, may agree, subject to the

availability of appropriations, to pay the telecommunications

carrier for the additional reasonable costs of making

compliance with such assistance capability requirements

reasonably achievable; and

(B) if the Attorney General does not agree to pay such costs,

the telecommunications carrier shall be deemed to be in

compliance with such capability requirements.

(c) Allocation of funds for payment

The Attorney General shall allocate funds appropriated to carry

out this subchapter in accordance with law enforcement priorities

determined by the Attorney General.

(d) Failure to make payment with respect to equipment, facilities,

and services deployed on or before January 1, 1995

If a carrier has requested payment in accordance with procedures

promulgated pursuant to subsection (e) of this section, and the

Attorney General has not agreed to pay the telecommunications

carrier for all reasonable costs directly associated with

modifications necessary to bring any equipment, facility, or

service deployed on or before January 1, 1995, into compliance with

the assistance capability requirements of section 1002 of this

title, such equipment, facility, or service shall be considered to

be in compliance with the assistance capability requirements of

section 1002 of this title until the equipment, facility, or

service is replaced or significantly upgraded or otherwise

undergoes major modification.

(e) Cost control regulations

(1) In general

The Attorney General shall, after notice and comment, establish

regulations necessary to effectuate timely and cost-efficient

payment to telecommunications carriers under this subchapter,

under chapters 119 and 121 of title 18, and under the Foreign

Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

(2) Contents of regulations

The Attorney General, after consultation with the Commission,

shall prescribe regulations for purposes of determining

reasonable costs under this subchapter. Such regulations shall

seek to minimize the cost to the Federal Government and shall -

(A) permit recovery from the Federal Government of -

(i) the direct costs of developing the modifications

described in subsection (a) of this section, of providing the

capabilities requested under subsection (b)(2) of this

section, or of providing the capacities requested under

section 1003(e) of this title, but only to the extent that

such costs have not been recovered from any other

governmental or nongovernmental entity;

(ii) the costs of training personnel in the use of such

capabilities or capacities; and

(iii) the direct costs of deploying or installing such

capabilities or capacities;

(B) in the case of any modification that may be used for any

purpose other than lawfully authorized electronic surveillance

by a law enforcement agency of a government, permit recovery of

only the incremental cost of making the modification suitable

for such law enforcement purposes; and

(C) maintain the confidentiality of trade secrets.

(3) Submission of claims

Such regulations shall require any telecommunications carrier

that the Attorney General has agreed to pay for modifications

pursuant to this section and that has installed or deployed such

modification to submit to the Attorney General a claim for

payment that contains or is accompanied by such information as

the Attorney General may require.

-SOURCE-

(Pub. L. 103-414, title I, Sec. 109, Oct. 25, 1994, 108 Stat.

4286.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Intelligence Surveillance Act of 1978, referred to in

subsec. (e)(1), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as

amended, which is classified principally to chapter 36 (Sec. 1801

et seq.) of Title 50, War and National Defense. For complete

classification of this Act to the Code, see Short Title note set

out under section 1801 of Title 50 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 158, 1002, 1003, 1005,

1007, 1010, 1021 of this title.

-End-

-CITE-

47 USC Sec. 1009 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

-HEAD-

Sec. 1009. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this

subchapter a total of $500,000,000 for fiscal years 1995, 1996,

1997, and 1998. Such sums are authorized to remain available until

expended.

-SOURCE-

(Pub. L. 103-414, title I, Sec. 110, Oct. 25, 1994, 108 Stat.

4288.)

-End-

-CITE-

47 USC Sec. 1010 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

SUBCHAPTER I - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

-HEAD-

Sec. 1010. Reports

-STATUTE-

(a) Reports by Attorney General

(1) In general

On or before November 30, 1995, and on or before November 30 of

each year thereafter, the Attorney General shall submit to

Congress and make available to the public a report on the amounts

paid during the preceding fiscal year to telecommunications

carriers under sections 1003(e) and 1008 of this title.

(2) Contents

A report under paragraph (1) shall include -

(A) a detailed accounting of the amounts paid to each carrier

and the equipment, facility, or service for which the amounts

were paid; and

(B) projections of the amounts expected to be paid in the

current fiscal year, the carriers to which payment is expected

to be made, and the equipment, facilities, or services for

which payment is expected to be made.

(b) Reports by Comptroller General and Inspector General

(1) On or before April 1, 1996, the Comptroller General of the

United States, and every two years thereafter, the Inspector

General of the Department of Justice, shall submit to the Congress

a report, after consultation with the Attorney General and the

telecommunications industry -

(A) describing the type of equipment, facilities, and services

that have been brought into compliance under this subchapter; and

(B) reflecting its analysis of the reasonableness and

cost-effectiveness of the payments made by the Attorney General

to telecommunications carriers for modifications necessary to

ensure compliance with this subchapter.

(2) Compliance cost estimates. - A report under paragraph (1)

shall include findings and conclusions on the costs to be incurred

by telecommunications carriers to comply with the assistance

capability requirements of section 1002 of this title after the

effective date of such section 1002 of this title, including

projections of the amounts expected to be incurred and a

description of the equipment, facilities, or services for which

they are expected to be incurred.

-SOURCE-

(Pub. L. 103-414, title I, Sec. 112, Oct. 25, 1994, 108 Stat. 4288;

Pub. L. 104-316, title I, Sec. 126(b), Oct. 19, 1996, 110 Stat.

3840.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of section 1002 of this title, referred to in

subsec. (b)(2), is the date that is 4 years after Oct. 25, 1994,

see section 111(b) of Pub. L. 103-414, set out as an Effective Date

note under section 1001 of this title.

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(1). Pub. L. 104-316, Sec. 126(b)(1), inserted

introductory provisions and struck out heading and text of former

introductory provisions. Text read as follows: "On or before April

1, 1996, and every 2 years thereafter, the Comptroller General of

the United States, after consultation with the Attorney General and

the telecommunications industry, shall submit to the Congress a

report - ".

Subsec. (b)(2). Pub. L. 104-316, Sec. 126(b)(2), substituted

"findings and conclusions" for "the findings and conclusions of the

Comptroller General".

-End-

-CITE-

47 USC SUBCHAPTER II - TELECOMMUNICATIONS CARRIER

COMPLIANCE PAYMENTS 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

SUBCHAPTER II - TELECOMMUNICATIONS CARRIER COMPLIANCE PAYMENTS

-HEAD-

SUBCHAPTER II - TELECOMMUNICATIONS CARRIER COMPLIANCE PAYMENTS

-End-

-CITE-

47 USC Sec. 1021 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 9 - INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS

SUBCHAPTER II - TELECOMMUNICATIONS CARRIER COMPLIANCE PAYMENTS

-HEAD-

Sec. 1021. Department of Justice Telecommunications Carrier

Compliance Fund

-STATUTE-

(a) Establishment of Fund

There is hereby established in the United States Treasury a fund

to be known as the Department of Justice Telecommunications Carrier

Compliance Fund (hereafter referred to as "the Fund"), which shall

be available without fiscal year limitation to the Attorney General

for making payments to telecommunications carriers, equipment

manufacturers, and providers of telecommunications support services

pursuant to section 1008 of this title.

(b) Deposits to Fund

Notwithstanding any other provision of law, any agency of the

United States with law enforcement or intelligence responsibilities

may deposit as offsetting collections to the Fund any unobligated

balances that are available until expended, upon compliance with

any Congressional notification requirements for reprogrammings of

funds applicable to the appropriation from which the deposit is to

be made.

(c) Termination

(1) The Attorney General may terminate the Fund at such time as

the Attorney General determines that the Fund is no longer

necessary.

(2) Any balance in the Fund at the time of its termination shall

be deposited in the General Fund of the Treasury.

(3) A decision of the Attorney General to terminate the Fund

shall not be subject to judicial review.

(d) Availability of funds for expenditure

Funds shall not be available for obligation unless an

implementation plan as set forth in subsection (e) of this section

is submitted to each member of the Committees on the Judiciary and

Appropriations of both the House of Representatives and the Senate

and the Congress does not by law block or prevent the obligation of

such funds. Such funds shall be treated as a reprogramming of funds

under section 605 of the Department of Commerce, Justice, and

State, the Judiciary, and Related Agencies Appropriations Act,

1997, and shall not be available for obligation or expenditure

except in compliance with the procedures set forth in that section

and this section.

(e) Implementation plan

The implementation plan shall include:

(1) the law enforcement assistance capability requirements and

an explanation of law enforcement's recommended interface;

(2) the proposed actual and maximum capacity requirements for

the number of simultaneous law enforcement communications

intercepts, pen registers, and trap and trace devices that

authorized law enforcement agencies may seek to conduct, set

forth on a county-by-county basis for wireline services and on a

market service area basis for wireless services, and the

historical baseline of electronic surveillance activity upon

which such capacity requirements are based;

(3) a prioritized list of carrier equipment, facilities, and

services deployed on or before January 1, 1995, to be modified by

carriers at the request of law enforcement based on its

investigative needs;

(4) a projected reimbursement plan that estimates the cost for

the coming fiscal year and for each fiscal year thereafter, based

on the prioritization of law enforcement needs as outlined in

(3),(!1) of modification by carriers of equipment, facilities and

services, installed on or before January 1, 1995.

(f) Annual report to Congress

The Attorney General shall submit to the Congress each year a

report specifically detailing all deposits and expenditures made

pursuant to subchapter I (!2) of this chapter in each fiscal year.

This report shall be submitted to each member of the Committees on

the Judiciary and Appropriations of both the House of

Representatives and the Senate, and to the Speaker and minority

leader of the House of Representatives and to the majority and

minority leaders of the Senate, no later than 60 days after the end

of each fiscal year.

-SOURCE-

(Pub. L. 103-414, title IV, Sec. 401, as added Pub. L. 104-208,

div. A, title I, Sec. 101(a) [title I, Sec. 110], Sept. 30, 1996,

110 Stat. 3009, 3009-19.)

-REFTEXT-

REFERENCES IN TEXT

Section 605 of the Department of Commerce, Justice, and State,

the Judiciary, and Related Agencies Appropriations Act, 1997,

referred to in subsec. (d), probably means section 605 of the

Departments of Commerce, Justice, and State, the Judiciary, and

Related Agencies Appropriations Act, 1997, Pub. L. 104-208, div. A,

title I, Sec. 101(a) [title VI], Sept. 30, 1996, 110 Stat. 3009,

3009-64, which is not classified to the Code.

Subchapter I of this chapter, referred to in subsec. (f), was in

the original "this Act" and was translated as reading "title I of

this Act", meaning title I of Pub. L. 103-414, Oct. 25, 1994, 108

Stat. 4279, which is classified to subchapter I of this chapter, to

reflect the probable intent of Congress.

-MISC1-

DIRECT PAYMENTS FROM FUND

Pub. L. 106-246, div. B, title II, July 13, 2000, 114 Stat. 542,

provided in part: "That, hereafter, in the discretion of the

Attorney General, any expenditures from the [Telecommunications

Carrier Compliance] Fund to pay or reimburse pursuant to sections

104(e) and 109(a) of Public Law 103-414 [47 U.S.C. 1003(e),

1008(a)], may be made directly to any parties specified in section

401(a) thereof [47 U.S.C. 1021(a)], and may be made either pursuant

to the regulations promulgated under such section 109, or pursuant

to firm fixed-price agreements, upon provision of such information

as the Attorney General may require".

-FOOTNOTE-

(!1) So in original. Probably should be "paragraph (3),".

(!2) See References in Text note below.

-End-