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The exhibit illụstrates that during registration, information is exchanged between the original service provider's location register and the visited location register. The original service provider is under an existing lawful authorization to provide access to the intercept subjects communications. In this example, law enforcement requires that the original service provider notify law enforcement of the new service provider's identity, or provide any other information that permits law enforcement agencies to determine the identity of the visited service provider.
Service Site Information. In certain situations and with appropriate lawful authorizations, law enforcement agencies may request the most accurate information available from the service provider's network elements regarding the site from which services are being provided to the intercept subject. For example, in a cellular system, service site information may include the cell site serving the intercept subject or the identity of the service provider supporting communications after å handoff.
REQUIREMENT 2 (REAL-TIME, FULL-TIME MONITORING) Law enforcement agencies require a real-time, full-time monitoring capability for intercepts.
Real-time/Full-time Access. Law enforcement agencies require real-time access to an intercept subject's communications content and call setup information. The term "real-time" in Requirement 2 refers to monitoring that occurs as the intercepted communications take place, rather than the monitoring of a recording of the communications. In actuality, there is a small transmission delay from the moment intercepted communications occur to the moment the signals reach the monitoring equipment. Real-time monitoring of data communications may occur at any time between the sending of a data transmission by the originating terminal equipment and the receiving of the data transmission by the destination terminal equipment. Full-time monitoring refers to the ability to access and monitor all service activity associated with the intercept subject on a 24 hour-per-day basis.
REQUIREMENT 8 (TRANSMISSION) Law enforcement agencies require service providers to transmit intercepted communications to a monitoring facility designated by the law enforcement agency.
Transmission of Intercepted Communications. Law enforcement agencies require the transmission of the intercept subjects call content and call setup information to a designated law enforcement monitoring facility. Access to intercept features is
controlled by service providers. Law enforcement agencies will work with service providers in advance to arrange for delivery of intercepted communications to a monitoring location. Guidelines for the transmission of intercepted communications are: • If call setup information and call content are separated, law enforcement agen
cies require service providers to ensure accurate association of call setup infor
mation with call content. • Law enforcement agencies require service providers to be able to transmit the
intercepted communications to a monitoring location without altering the call content or meaning (exclusive of any signal formats required for delivery to law
enforcement). • Law enforcement agencies require that the facilities and format for transmit
ting the intercepted communications to the monitoring location be standard or generally available (for example, leased line, switched connection, analog voice). The formats will be jointly agreed upon by law enforcement and service provid
ers. • If the service provider controls and/or provides coding, compression, encryption,
or any other security technique on the intercepted communications, law enforcement agencies require the service provider to decode, decompress, or decrypt the intercepted communications or provide capabilities for decoding, decompressing,
or decrypting the communications. • Law enforcement agencies require that service providers use a minimum num
ber of transmission facilities to deliver the intercepted communications to the monitoring facility (for example, today most intercepts for cellular communications in service areas with multiple MTSO’s require a connection from each
MTSO to the monitoring location for one intercept subject). • As new technologies and services are developed, law enforcement agencies re
quire that service providers have the ability to upgrade the delivery mechanism over time, allowing for phased changes in law enforcement collection systems.
REQUIREMENT 4 (TRANSPARENCY) Law enforcement agencies require the intercept to be transparent to all parties except the investigative agency or agencies requesting the intercept and specific individuals involved in implementing the intercept capability. Law enforcement agencies require the implementation of safeguards to restrict access to intercept information.
Transparency of Interception. The intercept must remain transparent to all parties except for the monitoring agency and the electronic communications industry personnel involved in implementing the intercept. Law enforcement agencies require that the intercept remain transparent to the intercept subject, to all parties called by or calling the intercept subject, and to any other service subscribers not directly involved in communications with the intercept subject. At a minimum, the transparency of an intercept may be measured by the following attributes: • Indications that an intercept is underway should not be discernible to the sub
ject or other parties. • If the implementation of an intercept occurs during an ongoing call, the inter
cept should not disrupt or interrupt the ongoing call (that is, no interruption
or alteration of communications on active channels). • If the implementation of an intercept causes changes in the operation of serv
ices and features, such changes should not be perceptible to the subject or other
parties. • If any noise is introduced by the implementation of an intercept, such noise
should not be perceptible to the subject or other parties. Safeguards for Intercept Access and Transparency. Service providers are not expected to ensure transparency beyond the capabilities of their own equipment.
There may be cases where the subject possesses sophisticated equipment to detect intercepts. To meet transparency requirements, the services provided to the intercept subject or any other subscriber should continue to comply with industry standards for transmission characteristics.
Law enforcement agencies also require that the service provider's operating procedures contain safeguards to preclude unauthorized or improper use of intercepts and to prevent a compromise of transparency. Example safeguards include:
• Restrictions on access to information about intercepts. • Security mechanisms for activating and deactivating intercepts (for example,
Physical security to limit access to systems supporting intercepts. • Procedures to prevent subjects from being notified of service changes caused by
the implementation of intercepts. • Restriction of knowledge of intercepts to authorized service provider personnel
(that is, personnel with a "need-to-know"). Service providers must immediately notify the appropriate law enforcement agency upon learning that intercept transparency was or may have been compromised.
REQUIREMENT 5 (VERIFICATION INFORMATION) Law enforcement agencies require (1) information from the service provider to verify the association of the intercepted communications with the intercept subject, and (2) information on the services and features subscribed to by the intercept subject prior to intercept implementation and during the intercept.
Information Associating Communications With the Intercept Subject. Based on lawful inquiry, law enforcement agencies require information to verify the association of the intercepted communications with the network identifier (for example, directory number), terminal equipment identifier, and/or personal number of the intercept subject designated in the lawful authorization. Specifically, court authorities require law enforcement agencies to verify that the communications facility or service being intercepted corresponds to the subject or subjects identified in the lawful authorization. To accomplish the verification, law enforcement needs information, such as billing and caller identification-related information, from service providers. Service providers are not expected to provide information about the type of communications (for example, facsimile, electronic mail) or the customer premises equipment used by the intercept subject.
Service Profile Information. Law enforcement agencies also require that a subject's service profile information be made available upon a lawful inquiry. Service profile information may be requested before or during interception. Law enforcement agencies require notification from service providers of changes made to the intercept subject's service profile during an ongoing intercept regardless of how the changes are initiated. For example, a service profile change may be driven by a service order or directly initiated by the intercept subject.
REQUIREMENT 6 (SIMULTANEOUS INTERCEPTS) Law enforcement agencies require service providers to make provisions for implementing a number of simultaneous intercepts. (Intercept demand will be estimated through a cooperative industry and law enforcement effort.)
Multiple, Simultaneous Intercepts. Law enforcement agencies need to be able to perform multiple, simultaneous intercepts within a given service provider's system, central office, area, etc. Law enforcement agencies and industry will need to work together to determine capacity ranges for use in developing intercept capabilities for a changing telecommunications environment. Law enforcement agencies require a service provider to support all requested lawfully authorized intercepts within its service area. As a result, law enforcement agencies require service providers to have reserve intercept capacities available to meet unexpected intercept demands that exceed projections. Law enforcement and industry should work together to achieve a "no held order” operating environment (that is, an environment where all intercept orders are fulfilled by service providers).
Interception of Multiple Calls and by Multiple Agencies. Law enforcement agencies need the ability to access and monitor all simultaneous calls originated or received by the intercept subject. In accordance with Requirement 4, multiple law enforcement agencies require the ability to monitor the same intercept subject while maintaining transparency.
REQUIREMENT 7 (EXPEDITIOUS ACCESS) Law enforcement agencies require service providers to expeditiously provide access to the communications of the intercept subject.
Access Activation Deactivation. Law enforcement agencies require each service provider to have defined or standardized procedures for activating and deactivating intercepts, and to provide access to the intercept subject's communications within 24 hours or less upon receipt of a lawful intercept request. Law enforcement agencies may also require expeditious access to appropriate technical resources or points of contact for assistance in activating the intercept or acquiring necessary service information (for example, service site information or service profile information).
Access Under Special Conditions. When special inside or outside plant construction is required to implement the intercept (for example, the construction of a leased line), law enforcement agencies require access to the intercept subject's communications within 5 business days or a period determined feasible by the service provider and law enforcement. In "emergency situations,” law enforcement agencies require access to the intercept subject's communications within a few hours, and access to technical resources for assistance with the intercept. Law enforcement may elect to defer some requirements in certain exigent circumstances, thereby enabling a service provider to comply with an order to meet urgent investigative needs. Emergency situations are determined by law enforcement and apply to time-critical investigations, such as cases where rapid response is required to eliminate threats to life, property, or national security. Law enforcement will provide service providers with as much prior notification as possible. "Emergency situations relate to electronic surveillance conducted pursuant to United States Code.3
REQUIREMENT 8 (RELIABILITY) During the intercept period, law enforcement agencies require that the reliability of the services supporting the intercept at least equals the reliability of the communication services provided to the intercept subject.
Reliability of Intercept. Law enforcement agencies require that the reliability of the service supporting the intercept be at least equal to the reliability of the subject's service. Reliability refers to the probability that a system or product will perform in a satisfactory manner for a given period of time when used under specified operating conditions. Law enforcement agencies also require that service providers have the ability to detect and resolve problems with (1) the interception of call setup information and call content, and with (2) the transmission of the intercepted communications to the designated monitoring facility. Finally, law enforcement agencies require that service providers have plans for ensuring that system upgrades, software upgrades, and other network management procedures do not disrupt or terminate ongoing intercepts.
REQUIREMENT 9 (QUALITY) Law enforcement agencies require the quality of service of the intercepted transmissions forwarded to the monitoring facility to comply with the performance standards of the service providers.
Quality of Intercept. Law enforcement agencies require that the quality of the service supporting the intercept be at least equal to the quality of the subject's service. Quality of service in regard to the intercept refers to the quality specification of the communications channel or system used to transmit the intercepted communications. For example, quality of service may be measured based on signal to noise ratio, bit error rate, or any other parameter for transmission quality.
Access. The technical capability to interface with a communications facility, such as a communications line or switch, so that law enforcement can monitor and receive call setup information and call content.
Call. Any wire or electronic signaling information generated by a human or a computer acting as an agent for a human to set up a physical or virtual connection to transmit information to another or multiple users (humans and/or computer processes).
Call Content. The same as "contents," as defined in 18, U.S.C. 2510(8) and with respect to any electronic communication, includes any information concerning the substance, purport, or meaning of that communication.
Call Setup Information. When used with respect to any electronic communication, the information generated during the establishment of communications or transmission of a protocol data unit, such as a datagram, that identifies the origin and destination of the call. For voice communications, this information is typically the electronic pulses, audio tones, or signaling messages that identify the numbers dialed or otherwise transmitted, or caused to be transmitted, by the intercept subject. It also includes incoming pulses, tones, or messages that identify the number of the originating instrument, device, or user. For data services, this information is typically the source (calling) address and destination (called) address contained in fields of the data unit, such as in the header of a frame or packet.
818, U.S.C. 251807); 18, U.S.C. 2518(11)(b); 18, U.S.C. 3125(a); 50, U.S.C. 1805(e)
Electronic Communications. The same as defined in Section 2510(12) of 18, U.S.C., any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic photo-electric, or photo-optical system, etc. As used herein, the term includes "wire communications," as defined in 18, U.S.C. 2510(1).
Electronic Surveillance. The statutory-based process and the associated technical capability and activities of law enforcement agencies related to the interception and monitoring of electronic communications.
Inside Plant Construction. With respect to wire and cable, any modification to the cable plant extending inward beyond the cable vault (for example, central office equipment, local area network management center), including the protectors and associated hardware. With respect to wireless networks, all fixed ground communications equipment that is permanently located inside buildings (for example, the equipment within the Mobile Telephone Switching Office of a cellular provider).
Intercept Subject. Person or persons identified in the lawful authorization and whose incoming and outgoing communications are to be intercepted and monitored.
Law Enforcement. Federal, state, and local law enforcement agencies.
Outside Plant Construction. Any modification to the physical plant, such as cables, poles, ducts, conduits, wire, fiber, repeaters, load coils, and other equipment located between central offices and other switching entities, or between the central office/ switching entity and the customer.
Roaming. The ability of subscribers of mobile telecommunications services to place and receive calls when they are located outside their designated home serving area.
Service Provider. Any public, quasi-public, or private supplier of electronic communications services providing users the ability to send or receive electronic communications (for example, local and long distance carriers, competitive access providers, public data service providers, and cellular service providers).
Transmission. The act of transferring a sign, signal, writing, image, message, sound, data or other form of intelligence (information) from one location to another by a wire, radio, electromagnetic, photo-electronic or photo-optical system.
Transparency. The circumstances wherein the parties to a communication and unauthorized individuals (that is, individuals who are not involved in implementing and maintaining the intercept) are unaware of ongoing electronic surveillance. For example, when applied to telephone communications, transparency refers to the interception of communications in such a way that the user is unaware of the intercept, and that does not affect the way the telephone functions are used.
Verification. The process whereby law enforcement can adequately demonstrate to a judge or jury that the number or other identifier (for example, telephone number, electronic mail address) targeted for interception corresponds to the person or persons whose communications are being intercepted. Typically, law enforcement verifies the identity of the subscriber whose facility or service is being intercepted.
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