Law enforcement agencies get new phone tapping power

By Kalpana Srinivasan / Associated Press

    WASHINGTON -- The government announced rules Friday that will give the FBI and other law enforcement agencies new electronic surveillance capabilities, enabling them to keep up with such technology as cellular phones and conference calls.
    The Federal Communications Commission's order, implementing a 1994 law, will let police and other authorities obtain a cellular phone user's location at the beginning and end of a call -- as long as a court approves.
    Privacy groups objected strongly to the decision, saying it effectively turns cellular phones into tracking devices.
    In addition to the location rule -- which had been proposed by the industry -- the FCC also imposed some additional standards sought by law enforcement authorities. For example, the FBI would be able to listen in on the cell and ordinary telephone conversations of all parties to a conference call, even if some are put on hold and are no longer talking to the target of the legal wiretap.
    "Our actions today will help ensure that law enforcement has the most up-to-date technology to fight crime," FCC Chairman Bill Kennard said.
    The rules help implement a 1994 law that requires companies to make digital wiretapping technology available to law enforcers. The commission stepped in after the Justice Department, FBI and the telecommunications industry failed to agree on a plan after years of negotiations. The Justice Department and FBI got much of what it sought.
    Under the order, the companies have until March to set equipment standards that integrate the added requirements and until Sept. 30, 2001, to implement them.
    The Justice Department said the FCC's order addressed its major concerns and would aid officers in fighting terrorism, organized crime and illegal drug activity.
    "The continuing technological changes in the nation's telecommunications systems present increasing challenges to law enforcement," Attorney General Janet Reno said in a statement. "This ruling will enable law enforcement to keep pace with these changes and ensure we will be able to maintain our capability to conduct court-authorized electronic surveillance."
    Privacy groups said these requirements overstep the 1994 law and are an attempt by the government to broaden its wiretapping powers.
    "We are deeply disappointed that on all the issues that mattered, the commission ruled against privacy and in favor of expanded FBI surveillance," said Jim Dempsey, counsel at the Washington-based Center for Democracy and Technology, a privacy advocacy group.
    Industry groups said they were pleased the FCC order did not include all of the FBI's requests in setting the long-awaited standards. But they also warned that companies will have a hard time meeting the deadlines.
    "It's a real time crunch and resource drain," said Grant Seiffert, vice president for government relations at the Telecommunications Industry Association. The group, which represents major equipment manufacturers, called the framework unrealistic.
    Tom Wheeler, head of the Cellular Telecommunications Industry Association, said he hoped law enforcement authorities would "provide carriers with the flexibility necessary to implement these capabilities in a way that
   makes sense."
    Under the order, police can obtain information based on the cellular tower, or "cell" site, where a call originated and ended. The FCC rules also enable authorities with a court order to determine when a subject is using call-forwarding, three-way calling or other features, and what digits the subject has dialed after completing a call setup, for example through a long-distance company.
    The requirements also will be costly for the nation's local phone companies, said the United States Telephone Association, which did not provide an estimate.