FCC Tentatively Concludes VoIP Providers Must Allow Wiretaps

The FCC has concluded tentatively Internetbased phone companies must comply with a federal law that requires telecommunications providers to ensure law enforcement agencies can obtain caller identification and wiretap conversations.

In a notice of proposed rulemaking, the commission said the Communications Assistance for Law Enforcement Act (CALEA) applies to all Internet-based phone companies regardless of the technology being used such as cable-modem service and wireless.

The commission issued the notice in response to a joint petition filed in March by the FBI, the Justice Department as well as the Drug Enforcement Administration. The federal agencies asked the commission to declare that VoIP services are subject to CALEA requirements.

The commission is seeking comments on telecommunications carriers’ obligations under the law and solutions related to broadband Internet access and VoIP. In particular, the FCC is soliciting feedback on whether carriers could use a third party to manage their CALEA obligations, and whether standards for packet-mode technologies are deficient and consequently prevent carriers from relying on them in order to comply with the law.

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