47 USC 1002 - Assistance capability requirements

U.S Code last checked for updates: Apr 29, 2024

§ 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) 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

(c)

Emergency or exigent circumstances

(d)

Mobile service assistance requirements

(Pub. L. 103–414, title I, § 103, Oct. 25, 1994, 108 Stat. 4280.)

cite as: 47 USC 1002