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Implementation of the Communications Assistance for Law Enforcement Act by the Federal Bureau of Investigation*

Report No. 04-19
April 2004
Office of the Inspector General


Proprietary/Commercial Information Redacted

Appendix IV

Federal Bureau of Investigation Response

 
Official seal of the Federal Bureau of Investigation U.S. Department of Justice

Federal Bureau of Investigation

  Washington D.C 20535-0001

March 26, 2004
 

Mr. Domenic A. Zazzaro
Regional Audit Manager
Washington Regional Audit Office
Office of the Inspector General
United States Department of Justice
Suite 3400
1300 North 17th Street
Arlington, Virginia 22209

Dear Mr. Zazzaro:

Reference is made to your memorandum dated March 18, 2004, concerning the FBI's response to recommendations set forth in the Department of Justice (DOJ), Office of the Inspector General (OIG) audit report entitled, "Implementation of the Communications Assistance for Law Enforcement Act by the Federal Bureau of Investigation." This memorandum requested the FBI provide a written response to the recommendations set forth in the subject audit report and conduct a classification and sensitivity review. Specifically, you requested that the FBI response provide information concerning specific actions completed or alternative corrective actions proposed on the recommendations.

Attached is the FBI's written response and the result os the sensitivity and classification review. Please note that the format of the enclosed document identifies the DOJ OIG draft audit report recommendation followed by the response of FBI executive management.

The recommendation responses set forth in the attached were coordinated through the FBI's Inspection Division. Please contact Chris Boehringer of the Inspection Division should you have any questions. Mr. Boehringer can be reached at (202) 324-6801.

 
  Sincerely yours,

original signed

Steven C. McCraw
Assistant Director
Inspection Division
 


FBI RESPONSE TO OIG RECOMMENDATIONS

OIG Recommendation #1: Collect and maintain data on the carrier equipment that is and is not CALEA compliant.

FBI Response: As a condition of reimbursement contracts with carriers for their deployment of technical solutions, the FBI requires periodic updates of progress. This information will allow the FBI to better recognize the level of compliant carrier equipment. Additionally, the FBI has already requested, as part of its Petition for Expedited Rulemaking, very specific benchmarks and deadlines to be adopted by the FCC. Information collected as a result of the FBI's recommended "phase-in plan" will allow it to know with great specificity the level of industry's compliance.

OIG Recommendation #2: Periodically survey state and local law enforcement to determine the extent to which delay in the implementation of CALEA is adversely impacting law enforcement's ability to conduct lawful electronic surveillance.

FBI Response: The FBI conducts an annual "Threat Assessment Survey" of law enforcement agencies throughout the country to gauge the impact that new and emerging technologies are having on law enforcement's ability to conduct lawful electronic surveillance. The FBI will augment its survey to include the recommendation of the Audit Report and assess the extent to which delay in the implementation of CALEA is impacting electronic surveillance.

OIG Recommendation #3: Submit to Congress CALEA legislative changes necessary to ensure that lawful electronic surveillance is achieved expeditiously in the face of rapid technological change.

FBI Response: The FBI is currently preparing a legislative recommendation. After completing internal review and approval, the FBI will gain consensus with DOJ and the Administration. The FBI will further brief the appropriate members of Congress to highlight the need for legislative remedy. The FBI estimates it can accomplish this action in the current calendar year.


* BECAUSE THIS REPORT CONTAINED PROPRIETARY/COMMERCIAL INFORMATION, WE REDACTED (WHITED OUT) THAT INFORMATION FROM THE VERSION OF THE REPORT THAT IS BEING PUBLICLY RELEASED. WHERE SUCH INFORMATION WAS REDACTED IS NOTED IN THE REPORT.

Proprietary/Commercial Information Redacted