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U.S. Code as of:
01/19/04
Section 1002. Assistance capability requirements
(a) Capability requirements
Except as provided in subsections (b), (c), and (d) of this
section and sections 1007(a) and 1008(b) and (d) of this title, a
telecommunications carrier shall ensure that its equipment,
facilities, or services that provide a customer or subscriber with
the ability to originate, terminate, or direct communications are
capable of -
(1) expeditiously isolating and enabling the government,
pursuant to a court order or other lawful authorization, to
intercept, to the exclusion of any other communications, all wire
and electronic communications carried by the carrier within a
service area to or from equipment, facilities, or services of a
subscriber of such carrier concurrently with their transmission
to or from the subscriber's equipment, facility, or service, or
at such later time as may be acceptable to the government;
(2) expeditiously isolating and enabling the government,
pursuant to a court order or other lawful authorization, to
access call-identifying information that is reasonably available
to the carrier -
(A) before, during, or immediately after the transmission of
a wire or electronic communication (or at such later time as
may be acceptable to the government); and
(B) in a manner that allows it to be associated with the
communication to which it pertains,
except that, with regard to information acquired solely pursuant
to the authority for pen registers and trap and trace devices (as
defined in section 3127 of title 18), such call-identifying
information shall not include any information that may disclose
the physical location of the subscriber (except to the extent
that the location may be determined from the telephone number);
(3) delivering intercepted communications and call-identifying
information to the government, pursuant to a court order or other
lawful authorization, in a format such that they may be
transmitted by means of equipment, facilities, or services
procured by the government to a location other than the premises
of the carrier; and
(4) facilitating authorized communications interceptions and
access to call-identifying information unobtrusively and with a
minimum of interference with any subscriber's telecommunications
service and in a manner that protects -
(A) the privacy and security of communications and
call-identifying information not authorized to be intercepted;
and
(B) information regarding the government's interception of
communications and access to call-identifying information.
(b) Limitations
(1) Design of features and systems configurations
This subchapter does not authorize any law enforcement agency
or officer -
(A) to require any specific design of equipment, facilities,
services, features, or system configurations to be adopted by
any provider of a wire or electronic communication service, any
manufacturer of telecommunications equipment, or any provider
of telecommunications support services; or
(B) to prohibit the adoption of any equipment, facility,
service, or feature by any provider of a wire or electronic
communication service, any manufacturer of telecommunications
equipment, or any provider of telecommunications support
services.
(2) Information services; private networks and interconnection
services and facilities
The requirements of subsection (a) of this section do not apply
to -
(A) information services; or
(B) equipment, facilities, or services that support the
transport or switching of communications for private networks
or for the sole purpose of interconnecting telecommunications
carriers.
(3) Encryption
A telecommunications carrier shall not be responsible for
decrypting, or ensuring the government's ability to decrypt, any
communication encrypted by a subscriber or customer, unless the
encryption was provided by the carrier and the carrier possesses
the information necessary to decrypt the communication.
(c) Emergency or exigent circumstances
In emergency or exigent circumstances (including those described
in sections 2518(7) or (11)(b) and 3125 of title 18 and section
1805(e) (!1) of title 50), a carrier at its discretion may comply
with subsection (a)(3) of this section by allowing monitoring at
its premises if that is the only means of accomplishing the
interception or access.
(d) Mobile service assistance requirements
A telecommunications carrier that is a provider of commercial
mobile service (as defined in section 332(d) of this title)
offering a feature or service that allows subscribers to redirect,
hand off, or assign their wire or electronic communications to
another service area or another service provider or to utilize
facilities in another service area or of another service provider
shall ensure that, when the carrier that had been providing
assistance for the interception of wire or electronic
communications or access to call-identifying information pursuant
to a court order or lawful authorization no longer has access to
the content of such communications or call-identifying information
within the service area in which interception has been occurring as
a result of the subscriber's use of such a feature or service,
information is made available to the government (before, during, or
immediately after the transfer of such communications) identifying
the provider of a wire or electronic communication service that has
acquired access to the communications.
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