A little History on what is now the Patriot Act

This law was enacted in 1994. It was expanded in 2006/2007.  For a lot more information, you should look up Chapter 119, title 18 of the U.S. Code.  The second report gives  little more info, which I will post a paragraph or two in a different typestyle so you all don't get confused and starting with the word "background."

So, for those bashing Bush for starting electronic survellience, I'm sure you will agree that he was NOT President in 1994-1995 or did I miss something in presidential elections?  

CALEA: Communications Assistance for Law Enforcement Act

In response to concerns that emerging technologies such as digital and wireless communications were making it increasingly difficult for law enforcement agencies to execute authorized surveillance, Congress enacted CALEA on October 25, 1994. CALEA requires a "telecommunications carrier," as defined by the Act, to ensure that equipment, facilities, or services that allow a customer or subscriber to "originate, terminate, or direct communications," enable law enforcement officials to conduct electronic surveillance pursuant to court order or other lawful authorization. CALEA was intended to preserve the ability of law enforcement agencies to conduct electronic surveillance by requiring that telecommunications carriers and manufacturers of telecommunications equipment modify and design their equipment, facilities, and services to ensure that they have the necessary surveillance capabilities as communications network technologies evolve. In May 2006, the FCC issued a Second Report and Order that required facilities-based broadband Internet access providers and providers of interconnected Voice over Internet Protocol (VoIP) service to come into compliance with CALEA obligations no later than May 14, 2007.

II. BACKGROUND

2. Law enforcement agencies conduct electronic surveillance as authorized by court order

under chapter 119, title 18 of the U.S. Code.3  In response to concerns that emerging technologies such as digital and wireless were making it increasingly difficult for telecommunications carriers to execute authorized surveillance,4  CALEA was enacted on October 25, 1994. CALEA does not modify the existing surveillance laws. Instead, it requires carriers to ensure that their facilities are capable of providing the surveillance law enforcement is authorized to conduct. Specifically, section 103(a) of CALEA requires that “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 the content of targeted communications transmitted by the carrier within its service area; (2) expeditiously isolating information identifying the origin and destination of targeted communications; (3) transmitting intercepted communications and call identifying information to law enforcement agencies at locations away from the carrier's premises; and (4) carrying out intercepts unobtrusively, so that targets are not made aware of the interception, and in a manner that does not compromise the privacy and security of other communications.5  These core functional requirements are referred to as the assistance capability requirements of CALEA.

3. CALEA does not specify technologies or standards that carriers must use to meet these assistance capability requirements. Instead, to ensure the implementation of section 103, section

107(a) of the Act directs the Attorney General, along with federal, state, and local law enforcement agencies, to consult with “appropriate associations and standard-setting organizations of the telecommunications industry, with representatives of users of telecommunications equipment, facilities, and services, and with State utility commissions.”6

 A telecommunications carrier will be found to be in compliance with the requirements of section 103 if it complies with “publicly available technical requirements or standards adopted by an industry association or standard-setting organization, or by the Commission . . . .”7

 In December 1997, the Telecommunications Industry Association and Committee TI, sponsored by the Alliance for Telecommunications Industry Solutions, announced the adoption and publication of an interim standard for wireline, cellular, and broadband Personal Communications Services carriers, J-STD-025 (J-Standard).