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Institutions Subject to CALEA Compliance Must File Reports

Jan. 5, 2007

The Federal Communications Commission (FCC) has issued two reporting deadlines for institutions subject to the order extending the Communications Assistance for Law Enforcement Act (CALEA) to the Internet. A small number of colleges and universities are expected to be subject to the new provisions.

CALEA, enacted in 1994, requires telephone companies to ensure that their networks do not impede law enforcement agencies from setting up wiretaps. On Aug. 5, 2005, in response to a petition filed by the U.S. Department of Justice and the Federal Bureau of Investigation, the FCC adopted a rule extending the scope of CALEA to include all “facilities-based” Internet service providers and certain Voice-over-IP providers.

The U.S. Court of Appeals for the District of Columbia Circuit upheld that rule on appeal in a decision issued June 9, 2006. At the same time, the court reaffirmed provisions within CALEA that specifically exempt private networks, such as those operated by many colleges and universities, from such regulation by the FCC.

Although most colleges and universities are exempt from CALEA, some institutions will now be subject to the new provisions, according to a legal analysis released in July 2006 by the American Council on Education. Under a public notice released by the FCC on Dec. 14, 2006, institutions subject to CALEA must file two reports in the next several weeks: a monitoring report by Feb. 12, 2007 and a system security report by March 12.  

The organization EDUCAUSE, a nonprofit association that works on issues related to technology in higher education, is preparing to send an announcement to campus information officers about CALEA compliance. EDUCAUSE recommends against filing CALEA reports unless required to do so.

Additional information about CALEA, including information on how institutions might determine if they are exempt from CALEA or subject to its reporting requirements, is available on the EDUCAUSE web site.