Implementation of the Communications Assistance for Law Enforcement Act by the Federal Bureau of Investigation*
Report No. 04-19
Office of the Inspector General
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