RE: [OpenCALEA] standards compliance

[Dan Peterson]

RE: Swat teams

That was my understanding as well.
They will know when:
1) you file the paperwork, and they review it and don't like what they see.
2) an LEA complains to the FCC that the provider was not accommodating to a
lawful court order

Good faith effort and working with the LEA goes a long way here.

--
Dan



-----Original Message-----
From: owner-opencalea@merit.edu [mailto:owner-opencalea@merit.edu] On Behalf
Of Bob Ross
Sent: Tuesday, March 20, 2007 12:58 PM
To: James Martin
Cc: opencalea@merit.edu
Subject: Re: [OpenCALEA] standards compliance


Not sure if this will help, I talked with the FCC and CALEA compliance
people in some detail about this.

They are not going to send out the swat people to check if every provider is

compliant. The only way they will know is either to knock on your door, or
issue a court order for intercept.

It's a game of choice Russian roulette. Weather you will get an order or
not.


----- Original Message -----
From: "James Martin" <james.martin@spirittelecom.com>
To: <opencalea@merit.edu>
Sent: Tuesday, March 20, 2007 11:43 AM
Subject: RE: [OpenCALEA] standards compliance



My company has been lead to believe that the fine is to be applied to
non-compliant companies regardless of subpoena or not.  After drop-dead
date, you either are or are not compliant.  If not, you will be fined.

__________________________________
James F. Martin
james.martin@spirittelecom.com
803-726-9144
Spirit Telecom
1500 Hampton Street
Columbia, SC 29201



-----Original Message-----
From: owner-opencalea@merit.edu [mailto:owner-opencalea@merit.edu]On
Behalf Of Jesse Norell
Sent: Tuesday, March 20, 2007 11:54 AM
To: Bob Ross
Cc: opencalea@merit.edu
Subject: Re: [OpenCALEA] standards compliance



Hey,

  Maybe you or someone else would know the answer to a question I've
been wondering about, specifically if dialup (non-broadband)
communications are covered by CALEA.  From the verbage I see, I think if
you fall under CALEA requirements, then it would be (it says,
"communication generated or received by a subscriber by means of ANY
EQUIPMENT, facility, OR SERVICE of a telecommunications carrier").  I've
not (yet) found anything relating to broadband vs. non-broadband, but
I'm guessing if you get "sucked in" to CALEA requirements because you
offer broadband, then all your services become fair game for intercepts,
dialup included.  So if you only offer non-broadband communications, you
might be clear (if in fact there is a broadband clause in the
requirements).


On Tue, 2007-03-20 at 08:48 -0700, Bob Ross wrote:
>
> You are correct, The CALEA tech told me the same thing. If you can't
> send it
> in the required
> format, then it's up to opencalea to convince the law enforcement
> agency to
> accept the
> opencalea format. If you can't you have 48 hours to do so. $10K/Day
> fine if
> you don't.
>
> He did mention that if opencalea does everything according to the
> standard
> and set format there
> should be no problem. It's getting the information of the format
> that's
> licensed. According to a couple dockets
> the licensed format was accepted. I don't know if that is in stone
> yet, but
> could be.
>
> Bob
--
Jesse Norell - jesse@kci.net
Kentec Communications, Inc.

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