Audit Report 06-13
Office of the Inspector General
Office of the Inspector General Analysis and
Summary of Actions Necessary to Close Report
We provided a draft audit report to the FBI for review and comment. The response from the FBI is incorporated as Appendix XI of this final report. As part of its response to the draft report, the FBI suggested edits that we considered, and where appropriate, incorporated into the final report. The following contains our analysis of the FBI’s response to the 6 recommendations.
- Resolved. This recommendation will remain resolved while the FBI coordinates with DOJ to determine the legality of FBI-sponsored testing of CALEA solutions. This recommendation can be closed when the FBI coordinates with DOJ and the telecommunications industry (as appropriate) to determine the legality and feasibility of FBI-sponsored development and testing of manufacturers’ CALEA solutions prior to their dissemination to carriers.
Resolved. According to the FBI, in the coming months it will reach out to more law enforcement agencies using the National Law Enforcement Administrators Directory, its Internet website, and other sources. This recommendation can be closed when the FBI provides documentation of having reached out to more law enforcement agencies.
Resolved. In response to this recommendation, the FBI will assess its current Threat Assessment Survey in recognition of the need to collect more detailed information for adverse responses. The FBI will also correlate Threat Assessment Survey and Helpdesk information to provide a more comprehensive view of the technological impacts affecting law enforcement. This recommendation can be closed when the FBI provides us its revised survey, its procedures for correlating Threat Assessment Survey and Helpdesk information to obtain a more comprehensive view of the technological impacts affecting law enforcement, and more comprehensive information on adverse responses.
Resolved. The FBI agreed to reexamine the benefits of spending the funds remaining in the Telecommunications Carrier Compliance Fund (TCCF). This recommendation can be closed when we receive the FBI’s analysis of the costs and benefits of future TCCF expenditures.
Resolved. The FBI agreed with the recommendation. In prior years, the FBI provided training to it Law Enforcement Technical Forum membership through meetings. This training was funded with FBI resources dedicated to the implementation of CALEA. However, the FBI stated that due to a lack of funding it can no longer afford to provide as much training as in the past. The FBI said it believes training of federal, state, and local law enforcement can be more effectively addressed through a Congressionally mandated and funded Lawful Access Policy Office – an office with the specific responsibility to address electronic surveillance matters on behalf of the entire law enforcement community. In the absence of such a mandate and associated funding, the FBI said it will continue its policy of providing overarching support to the training and intercept needs of law enforcement to the extent its resources allow. This recommendation will remain resolved while the FBI seeks adequate authority and appropriate funding to provide training for state and local law enforcement agents and technical personnel on how to conduct CALEA intercepts. In addition, the FBI will, in conjunction with the recommendation, pursue legal clarification of Attorney General Order 1945-95 from the DOJ to permit the FBI to loan electronic surveillance equipment to state and local law enforcement agencies while ensuring appropriate safeguards exist to minimize exist to minimize the risk of disclosing sensitive intercept techniques. This recommendation can be closed when the FBI either provides training for state and local law enforcement agents and technical personnel on conducting CALEA intercepts, or provides an alternative corrective action that will help state and local law enforcement agents and technical personnel in performing CALEA intercepts.
Resolved. The FBI agreed with this recommendation, and will examine its duties and capabilities within the scope of CALEA to assist in improving law enforcement’s liaison with the telecommunications industry. This recommendation can be closed when the FBI develops and implements a plan for improving law enforcement’s liaison with the telecommunications industry.