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851 lines
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Computer underground Digest Wed Aug 17, 1994 Volume 6 : Issue 73
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ISSN 1004-042X
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Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
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Archivist: Brendan Kehoe
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Retiring Shadow Archivist: Stanton McCandlish
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Shadow-Archivists: Dan Carosone / Paul Southworth
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Ralph Sims / Jyrki Kuoppala
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Ian Dickinson
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Campy Editor: Shrdlu Etaionsky
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CONTENTS, #6.73 (Wed, Aug 17, 1994)
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File 1--Digital Telephony Text (HR 4922)
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File 2--The Good, the Bad, the Ugly, and the Confused (Re: CuD 6.72)
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Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
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Or, to subscribe, send a one-line message: SUB CUDIGEST your name
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Send it to LISTSERV@UIUCVMD.BITNET or LISTSERV@VMD.CSO.UIUC.EDU
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The editors may be contacted by voice (815-753-0303), fax (815-753-6302)
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or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL
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60115, USA.
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COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
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----------------------------------------------------------------------
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Date: Wed, 17 Aug 1994 09:49:02 -0500
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From: David Banisar <Banisar@EPIC.ORG>
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Subject: File 1--Digital Telephony Text (HR 4922)
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((MODERATORS' NOTE: The following text, sent over by CPSR's Dave
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Banisar, is the latest version of the Digital Telephony Bill. See CuD
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6.72 and the next CuD (6.74) for additional discussion)).
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103d Congress H. R. 4922 As Introduced in the House
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Note: This document is the unofficial version of a Bill or Resolution.
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The printed Bill and Resolution produced by the Government Printing
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Office is the only official version.
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VERSION As Introduced in the House
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CONGRESS 103d CONGRESS
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2d Session
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BILL H. R. 4922
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TITLE To amend title 18, United States Code, to make clear a
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telecommunications carrier`s duty to cooperate in the
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interception of communications for law enforcement purposes,
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and for other purposes.
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--------------------
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IN THE HOUSE OF REPRESENTATIVES
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AUGUST 9, 1994
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Mr. Edwards of California (for himself and Mr. Hyde) introduced the
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following bill; which was referred to the Committee on the
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Judiciary
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--------------------
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TEXT A BILL
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To amend title 18, United States Code, to make clear a
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telecommunications carrier`s duty to cooperate in the
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interception of communications for law enforcement purposes,
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and for other purposes.
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Be it enacted by the Senate and House of Representatives of the
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United States of America in Congress assembled,
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SECTION 1. INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS.
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(a) In General . - Part I of title 18, United States Code, is
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amended by inserting after chapter 119 the following new chapter:
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`CHAPTER 120 - TELECOMMUNICATIONS CARRIER ASSISTANCE TO THE
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GOVERNMENT
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`Sec.
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`2601. Definitions.
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`2602. Assistance capability requirements.
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`2603. Notices of capacity requirements.
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`2604. Systems security and integrity.
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.
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`2605. Cooperation of equipment manufacturers and providers of
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telecommunications support services.
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`2606. Technical requirements and standards; extension of
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compliance date.
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`2607. Enforcement orders.
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`2608. Reimbursement of telecommunications carriers.
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`Sec. 2601. Definitions
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`(a) Definitions . - In this chapter -
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`the terms defined in section 2510 have, respectively, the
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meanings stated in that section.
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` `call-identifying information` -
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`(A) means all dialing or signalling information
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associated with the origin, direction, destination, or
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termination of each communication generated or received by
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the subscriber equipment, facility, or service of a
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telecommunications carrier that is the subject of a court
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order or lawful authorization; but
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`(B) does not include any information that may disclose
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the physical location of the subscriber (except to the
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extent that the location may be determined from the
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telephone number).
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` `Commission` means the Federal Communications Commission.
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` `government` means the government of the United States and
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any agency or instrumentality thereof, the District of
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Columbia, any commonwealth, territory, or possession of the
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United States, and any State or political subdivision thereof
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authorized by law to conduct electronic surveillance.
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` `information services` -
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`(A) means the offering of a capability for generating,
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acquiring, storing, transforming, processing, retrieving,
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utilizing, or making available information via
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telecommunications; and
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`(B) includes electronic publishing and messaging
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services; but
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`(C) does not include any use of any such capability for
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the management, control, or operation of a
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telecommunications system or the management of a
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telecommunications service.
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` `provider of telecommunications support services` means a
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person or entity that provides a product, software, or service
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to a telecommunications carrier that is integral to such
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carrier`s switching or transmission of wire or electronic
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communications.
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` `telecommunications carrier` -
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`(A) means a person or entity engaged in the transmission
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or switching of wire or electronic communications as a
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common carrier for hire (within the meaning of section 3(h)
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of the Communications Act of 1934 (47 U.S.C. 153(h))); and
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`(B) includes -
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`(i) a person or entity engaged in providing
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commercial mobile service (as defined in section 332(d)
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of the Communications Act of 1934 (47 U.S.C. 332(d)));
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and
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`(ii) a person or entity engaged in providing wire or
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electronic communication switching or transmission
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service to the extent that the Commission finds that
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such service is a replacement for a substantial portion
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of the local telephone exchange service and that it is
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in the public interest to deem such a person or entity
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to be a telecommunications carrier for purposes of this
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chapter; but
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`(C) does not include persons or entities insofar as they
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are engaged in providing information services.
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`Sec. 2602. Assistance capability requirements
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`(a) Capability Requirements . - Except as provided in
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subsections (b), (c), and (d) of this section, and subject to
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section 2607(c), a telecommunications carrier shall ensure that its
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services or facilities that provide a customer or subscriber with
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the ability to originate, terminate, or direct communications are
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capable of -
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`(1) expeditiously isolating and enabling the government to
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intercept, to the exclusion of any other communications, all
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wire and electronic communications carried by the carrier
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within a service area to or from equipment, facilities, or
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services of a subscriber of such carrier concurrently with
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their transmission to or from the subscriber`s service,
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facility, or equipment or at such later time as may be
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acceptable to the government;
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`(2) expeditiously isolating and enabling the government to
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access call-identifying information that is reasonably
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available to the carrier -
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`(A) before, during, or immediately after the
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transmission of a wire or electronic communication (or at
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such later time as may be acceptable to the government);
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and
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`(B) in a manner that allows it to be associated with the
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communication to which it pertains,
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except that, with regard to information acquired solely
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pursuant to the authority for pen registers and trap and trace
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devices (as defined in section 3127), such call-identifying
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information shall not include any information that may disclose
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the physical location of the subscriber (except to the extent
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that the location may be determined from the telephone number);
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`(3) delivering intercepted communications and
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call-identifying information to the government in a format such
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that they may be transmitted by means of facilities or services
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procured by the government to a location other than the
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premises of the carrier; and
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`(4) facilitating authorized communications interceptions and
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access to call-identifying information unobtrusively and with a
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minimum of interference with any subscriber`s
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telecommunications service and in a manner that protects -
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`(A) the privacy and security of communications and
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call-identifying information not authorized to be
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intercepted; and
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`(B) information regarding the government`s interception
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of communications and access to call-identifying
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information.
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`(b) Limitations . -
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`(1) Design of features and systems configurations . - This
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chapter does not authorize any law enforcement agency or officer -
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`(A) to require any specific design of features or system
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configurations to be adopted by providers of wire or
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electronic communication service, manufacturers of
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telecommunications equipment, or providers of
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telecommunications support services; or
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`(B) to prohibit the adoption of any feature or service
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by providers of wire or electronic communication service,
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manufacturers of telecommunications equipment, or providers
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of telecommunications support services.
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`(2) Information services and interconnection services and
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facilities . - The requirements of subsection (a) do not apply
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. to -
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`(A) information services; or
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`(B) services or facilities that support the transport or
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switching of communications for the sole purpose of
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interconnecting telecommunications carriers or private
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networks.
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`(3) Encryption . - A telecommunications carrier shall not
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be responsible for decrypting, or ensuring the government`s ability
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to decrypt, any communication encrypted by a subscriber or
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customer, unless the encryption was provided by the carrier and the
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carrier possesses the information necessary to decrypt the
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communication.
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`(c) Emergency or Exigent Circumstances . - In emergency or
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exigent circumstances (including those described in sections 2518
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(7) or (11)(b) and 3125 of this title and section 1805(e) of title
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50), a carrier may fulfill its responsibilities under subsection
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(a)(3) by allowing monitoring at its premises if that is the only
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means of accomplishing the interception or access.
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`(d) Mobile Service Assistance Requirements . - A
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telecommunications carrier offering a feature or service that
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allows subscribers to redirect, hand off, or assign their wire or
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electronic communications to another service area or another
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service provider or to utilize facilities in another service area
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or of another service provider shall ensure that, when the carrier
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that had been providing assistance for the interception of wire or
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electronic communications or access to call-identifying information
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pursuant to a court order or lawful authorization no longer has
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access to the content of such communications or call-identifying
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information within the service area in which interception has been
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occurring as a result of the subscriber`s use of such a feature or
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service, information is available to the government (before,
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during, or immediately after the transfer of such communications)
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identifying the provider of wire or electronic communication
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service that has acquired access to the communications.
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`Sec. 2603. Notices of capacity requirements
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`(a) Notices of Maximum and Initial Capacity Requirements . -
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`(1) In general . - Not later than 1 year after the date of
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enactment of this chapter, and after consulting with State and
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local law enforcement agencies, telecommunications carriers,
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providers of telecommunications support services, and manufacturers
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of telecommunications equipment, the Attorney General shall publish
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in the Federal Register and provide to appropriate
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telecommunications carrier associations, standard-setting
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organizations, and fora -
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`(A) notice of the maximum capacity required to
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accommodate all of the communication interceptions, pen
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registers, and trap and trace devices that the Attorney
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General estimates that government agencies authorized to
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conduct electronic surveillance may conduct and use
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simultaneously; and
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`(B) notice of the number of communication interceptions,
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pen registers, and trap and trace devices, representing a
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portion of the maximum capacity set forth under
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subparagraph (A), that the Attorney General estimates that
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government agencies authorized to conduct electronic
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surveillance may conduct and use simultaneously after the
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date that is 4 years after the date of enactment of this
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chapter.
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`(2) Basis of notices . - The notices issued under paragraph
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(1) may be based upon the type of equipment, type of service,
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number of subscribers, geographic location, or other measure.
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`(b) Compliance With Capacity Notices . -
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`(1) Initial capacity . - Within 3 years after the
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publication by the Attorney General of a notice of capacity
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requirements or within 4 years after the date of enactment of this
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chapter, whichever is longer, a telecommunications carrier shall
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ensure that its systems are capable of -
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`(A) expanding to the maximum capacity set forth in the
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notice under paragraph (1)(A); and
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`(B) accommodating simultaneously the number of
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interceptions, pen registers, and trap and trace devices
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set forth in the notice under paragraph (1)(B).
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`(2) Permanent capacity . - After the date described in
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paragraph (1), a telecommunications carrier shall ensure that it
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can accommodate expeditiously any increase in the number of
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communication interceptions, pen registers, and trap and trace
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devices that authorized agencies may seek to conduct and use, up to
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the maximum capacity requirement set forth in the notice under
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paragraph (1)(A).
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`(c) Notices of Increased Maximum Capacity Requirements . -
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`(1) The Attorney General shall periodically provide to
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telecommunications carriers written notice of any necessary
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increases in the maximum capacity requirement set forth in the
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notice under subsection (b)(1).
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`(2) Within 3 years after receiving written notice of
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increased capacity requirements under paragraph (1), or within
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such longer time period as the Attorney General may specify, a
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telecommunications carrier shall ensure that its systems are
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capable of expanding to the increased maximum capacity set
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forth in the notice.
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`Sec. 2604. Systems security and integrity
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`A telecommunications carrier shall ensure that any court ordered
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or lawfully authorized interception of communications or access to
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call-identifying information effected within its switching premises
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can be activated only with the affirmative intervention of an
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individual officer or employee of the carrier.
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`Sec. 2605. Cooperation of equipment manufacturers and providers of
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telecommunications support services
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`(a) Consultation . - A telecommunications carrier shall
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consult, as necessary, in a timely fashion with manufacturers of
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its telecommunications transmission and switching equipment and its
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providers of telecommunications support services for the purpose of
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identifying any service or equipment, including hardware and
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software, that may require modification so as to permit compliance
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with this chapter.
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`(b) Modification of Equipment and Services . - Subject to
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section 2607(c), a manufacturer of telecommunications transmission
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or switching equipment and a provider of telecommunications support
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services shall, on a reasonably timely basis and at a reasonable
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charge, make available to the telecommunications carriers using its
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equipment or services such modifications as are necessary to permit
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such carriers to comply with this chapter.
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`Sec. 2606. Technical requirements and standards; extension of
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compliance date
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`(a) Safe Harbor . -
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`(1) Consultation . - To ensure the efficient and
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industry-wide implementation of the assistance capability
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requirements under section 2602, the Attorney General, in.
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coordination with other Federal, State, and local law enforcement
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agencies, shall consult with appropriate associations and
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standard-setting organizations of the telecommunications industry.
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`(2) Compliance under accepted standards . - A
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telecommunications carrier shall be found to be in compliance with
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the assistance capability requirements under section 2602, and a
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manufacturer of telecommunications transmission or switching
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equipment or a provider of telecommunications support services
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shall be found to be in compliance with section 2605, if the
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carrier, manufacturer, or support service provider is in compliance
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with publicly available technical requirements or standards are
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adopted by an industry association or standard-setting organization
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or by the Commission under subsection (b) to meet the requirements
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of section 2602.
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`(3) Absence of standards . - The absence of technical
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requirements or standards for implementing the assistance
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capability requirements of section 2602 shall not -
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`(A) preclude a carrier, manufacturer, or services
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provider from deploying a technology or service; or
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`(B) relieve a carrier, manufacturer, or service provider
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of the obligations imposed by section 2602 or 2605, as
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applicable.
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`(b) FCC Authority . -
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`(1) In general . - If industry associations or
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standard-setting organizations fail to issue technical requirements
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or standards or if a government agency or any other person believes
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that such requirements or standards are deficient, the agency or
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person may petition the Commission to establish, by notice and
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comment rulemaking or such other proceedings as the Commission may
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be authorized to conduct, technical requirements or standards that
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-
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`(A) meet the assistance capability requirements of
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section 2602;
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`(B) protect the privacy and security of communications
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not authorized to be intercepted; and
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`(C) serve the policy of the United States to encourage
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the provision of new technologies and services to the
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public.
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`(2) Transition period . - If an industry technical
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requirement or standard is set aside or supplanted as a result of
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Commission action under this section, the Commission, after
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consultation with the Attorney General, shall establish a
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reasonable time and conditions for compliance with and the
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transition to any new standard, including defining the obligations
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of telecommunications carriers under section 2602 during any
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transition period.
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`(c) Extension of Compliance Date for Features and Services . -
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`(1) Petition . - A telecommunications carrier proposing to
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deploy, or having deployed, a feature or service within 4 years
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after the date of enactment of this chapter may petition the
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Commission for 1 or more extensions of the deadline for complying
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with the assistance capability requirements under section 2602.
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`(2) Ground for extension . - The Commission may, after
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affording a full opportunity for hearing and after consultation
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with the Attorney General, grant an extension under this paragraph,
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if the Commission determines that compliance with the assistance
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capability requirements under section 2602 is not reasonably
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achievable through application of technology available within the
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compliance period.
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`(3) Length of extension . - An extension under this
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paragraph shall extend for no longer than the earlier of -
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`(A) the date determined by the Commission as necessary
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for the carrier to comply with the assistance capability
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requirements under section 2602; or
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`(B) the date that is 2 years after the date on which the
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extension is granted.
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`(4) Applicability of extension . - An extension under this
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subsection shall apply to only that part of the carrier`s business
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on which the new feature or service is used.
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`Sec. 2607. Enforcement orders
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`(a) Enforcement by Court Issuing Surveillance Order . - If a
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court authorizing an interception under chapter 119, a State
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statute, or the Foreign Intelligence Surveillance Act of 1978 (50
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U.S.C. 1801 et seq.) or authorizing use of a pen register or a trap
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and trace device under chapter 206 or a State statute finds that a
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telecommunications carrier has failed to comply with the
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requirements in this chapter, the court may direct that the carrier
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comply forthwith and may direct that a provider of support services
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to the carrier or the manufacturer of the carrier`s transmission or
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switching equipment furnish forthwith modifications necessary for
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the carrier to comply.
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`(b) Enforcement Upon Application by Attorney General . - The
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Attorney General may apply to the appropriate United States
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district court for, and the United States district courts shall
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have jurisdiction to issue, an order directing that a
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telecommunications carrier, a manufacturer of telecommunications
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transmission or switching equipment, or a provider of
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telecommunications support services comply with this chapter.
|
|
`(c) Grounds for Issuance . - A court shall issue an order under
|
|
subsection (a) or (b) only if the court finds that -
|
|
`(1) alternative technologies or capabilities or the
|
|
facilities of another carrier are not reasonably available to
|
|
law enforcement for implementing the interception of
|
|
communications or access to call-identifying information; and
|
|
`(2) compliance with the requirements of this chapter is
|
|
reasonably achievable through the application of available
|
|
technology to the feature or service at issue or would have
|
|
been reasonably achievable if timely action had been taken.
|
|
`(d) Time for Compliance . - Upon issuance of an enforcement
|
|
order under this section, the court shall specify a reasonable time
|
|
and conditions for complying with its order, considering the good
|
|
faith efforts to comply in a timely manner, any effect on the
|
|
carrier`s, manufacturer`s, or service provider`s ability to
|
|
continue to do business, the degree of culpability or delay in
|
|
undertaking efforts to comply, and such other matters as justice
|
|
may require.
|
|
`(e) Limitation . - An order under this section may not require
|
|
a telecommunications carrier to meet the government`s demand for
|
|
interception of communications and acquisition of call-identifying
|
|
information to any extent in excess of the capacity for which
|
|
notice has been provided under section 2603.
|
|
`(f) Civil Penalty . -
|
|
`(1) In general . - A court issuing an order under this
|
|
section against a telecommunications carrier, a manufacturer of
|
|
telecommunications transmission or switching equipment, or a
|
|
provider of telecommunications support services may impose a civil
|
|
penalty of up to $10,000 per day for each day in violation after
|
|
the issuance of the order or after such future date as the court
|
|
may specify.
|
|
`(2) Considerations . - In determining whether to impose a
|
|
fine and in determining its amount, the court shall take into
|
|
account -
|
|
`(A) the nature, circumstances, and extent of the
|
|
violation;
|
|
`(B) the violator`s ability to pay, the violator`s good
|
|
faith efforts to comply in a timely manner, any effect on
|
|
the violator`s ability to continue to do business, the
|
|
degree of culpability, and the length of any delay in
|
|
undertaking efforts to comply; and
|
|
`(C) such other matters as justice may require.
|
|
`(3) Civil action . - The Attorney General may file a civil
|
|
action in the appropriate United States district court to collect,
|
|
and the United States district courts shall have jurisdiction to
|
|
impose, such fines.
|
|
`Sec. 2608. Reimbursement of telecommunications carriers
|
|
`(a) In General . - The Attorney General shall, subject to the
|
|
availability of appropriations, reimburse telecommunications
|
|
carriers for all reasonable costs directly associated with -
|
|
`(1) the modifications performed by carriers prior to the
|
|
effective date of section 2602 or prior to the expiration of
|
|
any extension granted under section 2606(c) to establish the
|
|
capabilities necessary to comply with section 2602;
|
|
`(2) meeting the maximum capacity requirements set forth in
|
|
the notice under section 2603(a)(1)(A); and
|
|
`(3) expanding existing facilities to accommodate
|
|
simultaneously the number of interceptions, pen registers and
|
|
trap and trace devices for which notice has been provided under
|
|
section 2603(a)(1)(B).
|
|
`(b) Procedures and Regulations . - Notwithstanding any other
|
|
law, the Attorney General may establish any procedures and
|
|
regulations deemed necessary to effectuate timely and
|
|
cost-efficient reimbursement to telecommunications carriers for
|
|
reimbursable costs incurred under this chapter, under chapters 119
|
|
and 121, and under the Foreign Intelligence Surveillance Act of
|
|
1978 (50 U.S.C. 1801 et seq.).
|
|
`(c) Dispute Resolution . - If there is a dispute between the
|
|
Attorney General and a telecommunications carrier regarding the
|
|
amount of reasonable costs to be reimbursed under subsection (b),
|
|
the dispute shall be resolved and the amount determined in a
|
|
proceeding initiated at the Commission under section 2606(b) or by
|
|
the court from which an enforcement order is sought under section
|
|
2607.
|
|
`(d) Lack of Appropriated Funds . - The lack of appropriated
|
|
funds sufficient to reimburse telecommunications carriers for
|
|
modifications under subsection (a) shall be considered by the
|
|
Commission or a court in determining whether compliance is
|
|
reasonable under section 2607(c).`.
|
|
(b) Technical Amendment . - The part analysis for part I of
|
|
title 18, United States Code, is amended by inserting after the
|
|
item relating to chapter 119 the following new item:
|
|
`120. Telecommunications carrier assistance to the Government
|
|
2601`.
|
|
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
|
|
There are authorized to be appropriated to carry out section 2608
|
|
of title 18, United States Code, as added by section 1 -
|
|
(1) a total of $500,000,000 for fiscal years 1995, 1996,
|
|
1997, and 1998; and
|
|
(2) such sums as are necessary for each fiscal year
|
|
thereafter.
|
|
SEC. 3. EFFECTIVE DATE.
|
|
(a) In General . - Except as provided in paragraph (2), chapter
|
|
120 of title 18, United States Code, as added by section 1, shall
|
|
take effect on the date of enactment of this Act.
|
|
(b) Assistance Capability and Systems Security and Integrity
|
|
Requirements . - Sections 2602 and 2604 of title 18, United States
|
|
Code, as added by section 1, shall take effect on the date that is
|
|
4 years after the date of enactment of this Act.
|
|
SEC. 4. REPORTS.
|
|
(a) Reports by the Attorney General . -
|
|
(1) In general . - On or before November 30, 1995, and on or
|
|
before November 30 of each year for 5 years thereafter, the
|
|
Attorney General shall submit to the Congress a report on the
|
|
amounts paid during the preceding fiscal year in reimbursement to
|
|
telecommunications carriers under section 2608 of title 18, United
|
|
States Code, as added by section 1.
|
|
(2) Contents . - A report under paragraph (1) shall include
|
|
-
|
|
(A) a detailed accounting of the amounts paid to each
|
|
carrier and the technology, feature or service for which
|
|
the amounts were paid; and
|
|
(B) projections of the amounts expected to be paid in the
|
|
current fiscal year, the carriers to which reimbursement is
|
|
expected to be paid, and the technologies, services, or
|
|
features for which reimbursement is expected to be paid.
|
|
(b) Reports by the Comptroller General . -
|
|
(1) In general . - On or before April 1, 1996, and April 1,
|
|
1998, the Comptroller General of the United States, after
|
|
consultation with the Attorney General and the telecommunications
|
|
industry, shall submit to the Congress a report reflecting its
|
|
audit of the sums paid by the Attorney General to carriers in
|
|
reimbursement.
|
|
(2) Contents . - A report under paragraph (1) shall include
|
|
the findings and conclusions of the Comptroller General on the
|
|
costs to be incurred after the compliance date, including
|
|
projections of the amounts expected to be incurred and the
|
|
technologies, services, or features for which expenses are expected
|
|
to be incurred.
|
|
SEC. 5. CORDLESS TELEPHONES.
|
|
(a) Definitions . - Section 2510 of title 18, United States
|
|
Code, is amended -
|
|
(1) in paragraph (1) by striking `but such term does not
|
|
include` and all that follows through `base unit`; and
|
|
(2) in paragraph (12) by striking subparagraph (A) and
|
|
redesignating subparagraphs (B), (C), and (D) as subparagraphs
|
|
(A), (B), and (C), respectively.
|
|
(b) Penalty . - Section 2511 of title 18, United States Code, is
|
|
amended -
|
|
(1) in subsection (4)(b)(i) by inserting `a cordless
|
|
telephone communication that is transmitted between the
|
|
cordless telephone handset and the base unit,` after `cellular
|
|
telephone communication,`; and
|
|
(2) in subsection (4)(b)(ii) by inserting `a cordless
|
|
telephone communication that is transmitted between the
|
|
cordless telephone handset and the base unit,` after `cellular
|
|
telephone communication,`.
|
|
SEC. 6. RADIO-BASED DATA COMMUNICATIONS.
|
|
Section 2510(16) of title 18, United States Code, is amended -
|
|
(1) by striking `or` at the end of subparagraph (D);
|
|
(2) by inserting `or` at the end of subparagraph (E); and
|
|
(3) by inserting after subparagraph (E) the following new
|
|
subparagraph:
|
|
`(F) an electronic communication;`
|
|
SEC. 7. PENALTIES FOR MONITORING RADIO COMMUNICATIONS THAT ARE
|
|
TRANSMITTED USING MODULATION TECHNIQUES WITH
|
|
NONPUBLIC PARAMETERS.
|
|
Section 2511(4)(b) of title 18, United States Code, is amended by
|
|
striking `or encrypted, then` and inserting `, encrypted, or
|
|
transmitted using modulation techniques the essential parameters of
|
|
which have been withheld from the public with the intention of
|
|
preserving the privacy of such communication`.
|
|
SEC. 8. TECHNICAL CORRECTION.
|
|
Section 2511(2)(a)(i) of title 18, United States Code, is amended
|
|
by striking `used in the transmission of a wire communication` and
|
|
inserting `used in the transmission of a wire or electronic
|
|
communication`.
|
|
SEC. 9. FRAUDULENT ALTERATION OF COMMERCIAL MOBILE RADIO
|
|
INSTRUMENTS.
|
|
(a) Offense . - Section 1029(a) of title 18, United States Code,
|
|
is amended -
|
|
(1) by striking `or` at the end of paragraph (3); and
|
|
(2) by inserting after paragraph (4) the following new
|
|
paragraphs:
|
|
`(5) knowingly and with intent to defraud uses, produces,
|
|
traffics in, has control or custody of, or possesses a
|
|
telecommunications instrument that has been modified or altered
|
|
to obtain unauthorized use of telecommunications services; or
|
|
`(6) knowingly and with intent to defraud uses, produces,
|
|
traffics in, has control or custody of, or possesses -
|
|
`(A) a scanning receiver; or
|
|
`(B) hardware or software used for altering or modifying
|
|
telecommunications instruments to obtain unauthorized
|
|
access to telecommunications services,`.
|
|
(b) Penalty . - Section 1029(c)(2) of title 18, United States
|
|
Code, is amended by striking `(a)(1) or (a)(4)` and inserting `(a)
|
|
(1), (4), (5), or (6)`.
|
|
(c) Definitions . - Section 1029(e) of title 18, United States
|
|
Code, is amended -
|
|
(1) in paragraph (1) by inserting `electronic serial number,
|
|
mobile identification number, personal identification number,
|
|
or other telecommunications service, equipment, or instrument
|
|
identifier,` after `account number,`;
|
|
(2) by striking `and` at the end of paragraph (5);
|
|
(3) by striking the period at the end of paragraph (6) and
|
|
inserting `; and`; and
|
|
(4) by adding at the end the following new paragraph:
|
|
`(7) the term `scanning receiver` means a device or apparatus
|
|
that can be used to intercept a wire or electronic
|
|
communication in violation of chapter 119.`.
|
|
SEC. 10. TRANSACTIONAL DATA.
|
|
(a) Disclosure of Records . - Section 2703 of title 18, United
|
|
States Code, is amended -
|
|
(1) in subsection (c) -
|
|
(A) in subparagraph (B) -
|
|
(i) by striking clause (i); and
|
|
(ii) by redesignating clauses (ii), (iii), (iv) as
|
|
clauses (i), (ii), and (iii), respectively; and
|
|
(B) by adding at the end the following new subparagraph:
|
|
`(C) A provider of electronic communication service or
|
|
remote computing service shall disclose to a governmental
|
|
entity the name, billing address, and length of service of
|
|
a subscriber to or customer of such service and the types
|
|
of services the subscriber or customer utilized, when the
|
|
governmental entity uses an administrative subpoena
|
|
authorized by a Federal or State statute or a Federal or
|
|
State grand jury or trial subpoena or any means available
|
|
under subparagraph (B).`; and
|
|
(2) by amending the first sentence of subsection (d) to read
|
|
as follows: `A court order for disclosure under subsection (b)
|
|
or (c) may be issued by any court that is a court of competent
|
|
jurisdiction described in section 3126(2)(A) and shall issue
|
|
only if the governmental entity offers specific and articulable
|
|
facts showing that there are reasonable grounds to believe that
|
|
the contents of a wire or electronic communication, or the
|
|
records or other information sought, are relevant and material
|
|
to an ongoing criminal investigation.`.
|
|
(b) Pen Registers and Trap and Trace Devices . - Section 3121 of
|
|
title 18, United States Code, is amended -
|
|
(1) by redesignating subsection (c) as subsection (d); and
|
|
(2) by inserting after subsection (b) the following new
|
|
subsection:
|
|
`(c) Limitation . - A government agency authorized to install
|
|
and use a pen register under this chapter or under State law, shall
|
|
use technology reasonably available to it that restricts the
|
|
recording or decoding of electronic or other impulses to the
|
|
dialing and signalling information utilized in call processing.`.
|
|
HR 4922 IH - - 2
|
|
|
|
------------------------------
|
|
|
|
Date: Mon, 15 Aug 94 10:46:11 EDT
|
|
From: Jerry Leichter <leichter@LRW.COM>
|
|
Subject: File 2--The Good, the Bad, the Ugly, and the Confused (Re: CuD 6.72)
|
|
X-Vms-Mail-To: CUD
|
|
|
|
A couple of CuD issues back I took Wade Riddick to task for calling on the
|
|
government to get involved in computer technology by drafting
|
|
standards for computers. In the interest of sniping at both extremes,
|
|
I feel compelled to reply to Brock Meeks. Unlike Mr. Riddick, who
|
|
proposed things that probably offended much of the on-line community,
|
|
Mr. Meeks, in his outraged condemnation of the current version of the
|
|
FBI "wiretap access" bill (and really the principles that would apply
|
|
to any version thereof) probably speaks words near and dear to the
|
|
hearts of most of his readers. I believe he, and those readers, are
|
|
being every bit as naive as I accused Mr. Riddick of being.
|
|
|
|
Mr. Riddick believes the direction of technology is influenced by the
|
|
market, and that society, through the government, has a right to exert
|
|
its own influence. Mr. Meeks seems to believe that technology will go
|
|
where it wishes - perhaps modulated by the market, perhaps not - and
|
|
society/government should have no say in the matter. He seems to
|
|
believe that the telephone industry is being uniquely cursed with
|
|
government regulation of the direction it can let technology take it.
|
|
"Never again, under the provisions of this bill, will a
|
|
telecommunications provider be able to develop a service or technology
|
|
without first and foremost asking the question: How can I design this
|
|
so that it pops off the assembly line wiretap ready?" There will be
|
|
actual government penalties for non-compliance.
|
|
|
|
The automobile manufacturers, of course, have never been subject to
|
|
such regulation. No, they can make brakelights any color they like.
|
|
They need not worry about what goes out the tailpipes of their
|
|
automobiles - they can simply use the cheapest, best technologies for
|
|
engines. They needn't waste money and weight on silly things like
|
|
seat belts and air bags and energy-absorbing bumpers and collapsing
|
|
steering wheels that don't crush the driver. If the market wants
|
|
those things, let the market worry about it. If the market likes
|
|
high-powered engines, let the manufacturers go ahead and build them -
|
|
who cares how much gas they use?
|
|
|
|
Of course, while the auto makers are building those high-technology
|
|
cars, they need not be constrained by any worries about the chemicals
|
|
that happen to go up their smokestacks or out their sewers or get
|
|
buried in their waste dumps. Any such worries would constrain their
|
|
techological choices.
|
|
|
|
Oh, and when the designers work on aerodynamics, they needn't feel
|
|
constrained to leave space for a flat 6 by 12 inch (or a different
|
|
size, elsewhere than the US) plate on the front, right in the air
|
|
stream. No, and purchasers needn't pay their governments significant
|
|
amounts of money on a regular basis so that they can display that
|
|
piece of ugly steel - which, by the way, seriously invades their
|
|
privacy; anyone remember the scandals of the 60's when police
|
|
photographed the license plates of cars parked near anti-war
|
|
demonstrations?
|
|
|
|
Oh, yes, TV makers were never forced to include the ridiculous UHF
|
|
tuners for stations no one wanted to watch anyway, or radio makers
|
|
that silly FM band - they could just use the best, cheapest
|
|
technology, good old VHF and AM. For that matter, TV broadcasters
|
|
could choose any color encoding system they liked - "the best
|
|
technology" was more important than all those silly old black and
|
|
white TV's. Likewise, the FM broadcasters could choose any stereo
|
|
encoding system.
|
|
|
|
Let's look further. Supermarkets can save money by scanning UPC
|
|
labels - they needn't label each individual item with its price. Gun
|
|
makers are under no obligation to include serial numbers on their
|
|
weapons. (For that matter, neither are auto manufacturers.) Makers
|
|
of children's clothing needn't worry about how flammable it is - just
|
|
use the latest man-made fibers! Builders can use any materials they
|
|
wish, and make buildings as tall as they like, anywhere they like.
|
|
You want a nuclear reactor in your basement so you can be free of the
|
|
power grid? Go ahead! Plutonium is available at your local hardware
|
|
store.
|
|
|
|
Hey, any other approach *interferes with the technology*! It makes
|
|
the world *less efficient*!
|
|
|
|
Let's get real. There are social goods beyond the "latest and
|
|
greatest" technology. There are social goods beyond "the most
|
|
efficient" solution. If you don't believe that, perhaps you're in
|
|
favor of getting rid of all those labor laws - it would be so much
|
|
more *efficient* to go back to 6-day weeks of 10-hour days. And, of
|
|
course, we should get rid of those silly child-labor laws - kids
|
|
aren't learning anything in school anyway, why not let them earn a few
|
|
cents an hour, all the while making US manufacturing more competitive
|
|
with the third world? While we're at it, look at the money we waste
|
|
on all those people sitting in prison - prison labor is cheap and
|
|
plentiful. An untapped resource if ever there was one!
|
|
|
|
You want to drive on the public highways? You *will* register your
|
|
car, pay the appropriate fees, and mount a license plate. You want to
|
|
open a shop and sell to the public? You *will* collect sales taxes,
|
|
and by the way keep records of sales - whether that slows down your
|
|
business or not - and make them available to the tax authorities on
|
|
appropriate demand, whether you think that invades your privacy or
|
|
not. Oh, yes, and you will make those records available in a form
|
|
convenient to the tax authorities - probably paper, perhaps 1/2 inch
|
|
magnetic tape in some long-obsolete format - whether you find that
|
|
consistent with your vision of the correct technology for running a
|
|
business or not.
|
|
|
|
We are all members of a society, and we all make use of the social
|
|
goods it provides to us. How long would the telephone companies last
|
|
with no legal system to enforce its contracts? (I suppose some of the
|
|
radical libertarians out there will say "Who needs police? Let the
|
|
telephone company hire people to enforce its own contracts." A
|
|
gambling debt cannot be enforced in court in Nevada, but somehow few
|
|
people find it a good idea to stiff the casinos. Do you really want
|
|
the whole world to run like that?) You use those goods, you incur
|
|
obligations. With rights come responsibilities.
|
|
|
|
There is certainly room for a legitimate debate about *what*
|
|
regulations it is desireable and proper for society to impose - the
|
|
government *is* the (admittedly imperfect) arm of society whose task
|
|
is to impose regulations - on telephone companies, or any other
|
|
enterprise. What I find distressing is the blind kow-towing to the
|
|
technological imperative - if it *can* be done, we *must* do it, and
|
|
society be damned. Does anyone really believe that? Let's go back to
|
|
Mr. Meeks's statement and change it a bit: "Never again, under the
|
|
provisions of this bill, will a medical database provider be able to
|
|
develop a service or technology without first and foremost asking the
|
|
question: How can I design this so that it pops off the assembly line
|
|
ready to protect the privacy of the patients whose records it
|
|
contains?" Does it still sound like such a bad thing?
|
|
|
|
No, what we really have here, hidden under a supposed appeal to
|
|
technological requirements, is the same belief that law enforcement
|
|
agencies just should not be able to tap telephone calls, no matter
|
|
what. It makes no difference what limits are placed on the tapping,
|
|
what kinds of oversight there is; because tapping can be abused - and
|
|
because it's pretty clear that a populace worried about crime is
|
|
perfectly willing to allow for tapping under controlled circumstances
|
|
- what's needed is a technological fix that will simply render the
|
|
whole question moot. That this fix will come at zero apparent cost -
|
|
the paranoid won't even have to get hold of encryption boxes - only
|
|
makes it look better. If you really and truly believe this, ask
|
|
yourself why you are not arguing against license plates, or for that
|
|
matter driver's licenses, which have probably been abused to invade
|
|
privacy much more often than telephone taps.
|
|
|
|
On another note, I also find it distressing that many have bought into
|
|
the sob story from the telcos about costs. The government - that's
|
|
*us*, in case you haven't noticed - tosses in $500 million, and the
|
|
response from the telcos is to be upset that, if their costs are
|
|
greater, they might actually have to pay up - or be subject to
|
|
penalties. How much money did the government put up when it forced
|
|
auto manufacturers to make cleaner engines? Engines with higher
|
|
mileage ratings? Seat belts? Air bags? Third brake lights? How
|
|
much is California offering to pay them to come up with
|
|
"zero-polution" vehicles? How much does it pay your local grocer
|
|
toward the purchase of a cash register with dual recording rolls of
|
|
paper tape? (Do you think a grocer *needs* such a cash register to
|
|
run his business?) Do you think the penalties if these businesses
|
|
don't comply will be a government letter saying, "Well, you tried,
|
|
sorry you couldn't do better - see you next year?"
|
|
|
|
------------------------------
|
|
|
|
End of Computer Underground Digest #6.73
|
|
************************************
|
|
|