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Higher Education Coalition Submits CALEA Comments to FCC

Nov. 16, 2005

Higher education and research institutions should be exempt from new Federal Communications Commission (FCC) rules designed to facilitate law enforcement's ability to monitor Internet communications involving suspected terrorists and criminals, according to formal comments submitted this week by a coalition of 14 higher education organizations led by the American Council on Education (ACE) and EDUCAUSE.

The comments were submitted as part of the FCC’s rulemaking process regarding new regulations extending to providers of broadband Internet access and Voice-over-IP services provisions of the 1994 Communications Assistance for Law Enforcement Act (CALEA).  CALEA directed telephone companies to modify their networks to ensure that they can implement lawfully issued surveillance requests.

As proposed, the new rules extend the so-called "assistance capability" requirements to private computer networks. Implementation would require all Internet service providers(ISP), including colleges and universities, to upgrade computer network switches and routers by June 2007 to enable real-time monitoring by law enforcement agencies.

The coalition is seeking an exemption from the assistance capability requirements imposed under the new CALEA rules. According to the coalition’s document, “Congress never intended to impose the burdens and cost of CALEA compliance on the information services provided on a non-common-carrier basis by educational and research institutions.”

The coalition also argues that if FCC declines to grant an exemption, "it should confirm that CALEA can be applied only to Internet Connection Facilities, and not to the internal portions of these private networks."

Failing the complete exemption, the coalition proposes a limited exemption that would require higher education and research institutions to install new CALEA-compliant Internet Connection Facilities, where the private campus network meets the public Internet, over the next five years. In addition, each institution would:

• Appoint a senior official to ensure compliance with lawful surveillance requests and establish a 24-hour/7-day “hotline” for law enforcement officials to reach the institutions whenever necessary
• Define policies and procedures setting forth how it will accept and assist with lawful surveillance requests
• Establish a training program that covers the technical, procedural and legal issues involved in electronic surveillance for employees responsible for assisting law enforcement personnel, and conduct background checks of such employees
• Establish procedures to ensure the maintenance of adequate documentation and records
• Provide technical assistance upon request to help law enforcement personnel understand the details of the institutional network.
• Replace existing Internet gateway facilities on a phased-in basis with CALEA compliant equipment.

To download the comments, click here.