The Communications Assistance to Law Enforcement Act (CALEA)

• Aka Digital Telephony Bill

• Lays out the duties of defined actors in the telecommunications industry to cooperate in the

interception of communications for law enforcement and other needs relating to the security

and safety of the public.

• Requires telecommunications carriers to design their products and services to ensure that they

can carry out a lawful order to provide gov access to communications.

• FCC implemented CALEA

• Applies to telecommunications carriers but not other information services

o VOIP is considered a telecommunication service and must operate under CALEA requirements

The Electronic Communications Privacy Act (ECPA)

• Private right of action and criminal penalties

• Does not generally preempt stricter state privacy protections

o Some state laws protect email communications

• Generally strict in prohibiting interception of wire communications such as telephone calls or

sound recordings from video cameras; oral communications such as hidden bugs or

microphones; and electronic communication such as emails

• Unless exception applies, interception of these communications is a criminal offense

• Two exceptions for workplace monitoring:

o If a person is a party to a call or where one of the parties has given consent

o The interception is done in the ordinary course of business

o Note: some states require all party consent to listen versus one party consent

• Provided for a pen register and trap and trace orders from a judge under the standard of

“relevant to an ongoing investigation.”

The Stored Communications Act (SCA)

• Private right of action and criminal penalties

• Part of the ECPA

• Creates a general prohibition against the unauthorized acquisition, alteration, or blocking of

electronic communications while in electronic storage in a facility through which an electronic

communications service is provided.

• Two exceptions for employers:

o By the person or entity providing the wire or electronic communication service

o By a user of that service with respect to a communication of or intended for that user

• A provider of wire or electronic communication services or a remote computing service, upon

the request of a governmental entity, shall tall all necessary steps to preserve records and other

evidence in its possession pending the issuance of a court order or other process

• In Microsoft v U.S case, SCA did not require the company to provide electronic evidence that

was stored outside the U.S