Communications Assistance for Law Enforcement Act

The Communications Assistance for Law Enforcement Act (CALEA) is a United States wiretapping law passed in 1994, during the presidency of Bill Clinton (Pub. L. No. 103-414, 108 Stat. 4279, codified at 47 USC 1001-1010).

CALEA's purpose is to enhance the ability of law enforcement agencies to conduct electronic surveillance by requiring that telecommunications carriers and manufacturers of telecommunications equipment modify and design their equipment, facilities, and services to ensure that they have built-in surveillance capabilities, allowing federal agencies to wiretap any telephone traffic; it has since been extended to cover broadband Internet and VoIP traffic. Some government agencies argue that it covers monitoring communications rather than just tapping specific lines and that not all CALEA-based access requires a warrant.

The original reason for adopting CALEA was the Federal Bureau of Investigation's worry that increasing use of digital telephone exchange switches would make tapping phones at the phone company's central office harder and slower to execute, or in some cases impossible. Since the original requirement to add CALEA-compliant interfaces required phone companies to modify or replace hardware and software in their systems, U.S. Congress included funding for a limited time period to cover such network upgrades. CALEA was passed into law on October 25, 1994 and came into force on January 1, 1995.

In the years since CALEA was passed it has been greatly expanded to include all VoIP and broadband Internet traffic. From 2004 to 2007 there was a 62 percent growth in the number of wiretaps performed under CALEA – and more than 3,000 percent growth in interception of Internet data such as email.

By 2007, the FBI had spent $39 million on its Digital Collection System Network (DCSNet) system, which collects, stores, indexes, and analyzes communications data.

In its own words, the purpose of CALEA is:

The U.S. Congress passed the CALEA to aid law enforcement in its effort to conduct criminal investigations requiring wiretapping of digital telephone networks. The Act obliges telecommunications companies to make it possible for law enforcement agencies to tap any phone conversations carried out over its networks, as well as making call detail records available. The act stipulates that it must not be possible for a person to detect that his or her conversation is being monitored by the respective government agency.

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