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Very quietly, all Internet Service Providers are being equipped for comprehensive undetectable surveillance of both Internet and voice traffic under the Communications Assistance for Law Enforcement Act (CALEA) with a deadline for compliance of May 15, 2007, and were required to file a confidential System Security and Integrity Plan with the FBI detailing the implementation by March 15, 2007 pursuant to 47 U.S.C. 1004 and 47 U.S.C. 229(b).
While the contents of these documents are secret, and it is illegal to disclose them to the public, our researchers have perused the legal requirements for these documents, and have discovered information with profound implications for freedom.
The most important information we discovered is that this electronic surveillance can be applied routinely without a court order signed by a judge.
47 U.S.C. 1004
A telecommunications carrier shall ensure that any interception of communications or access to call-identifying information effected within its switching premises can be activated only in accordance with a court order or other lawful authorization and with the affirmative intervention of an individual officer or employee of the carrier acting in accordance with regulations prescribed by the Commission.
47 U.S.C. 229(b)
(b) Systems security and integrity
The rules prescribed pursuant to subsection (a) of this section shall include rules to implement section 105 of the Communications Assistance for Law Enforcement Act [47 U.S.C. 1004] that require common carriers—
(1) to establish appropriate policies and procedures for the supervision and control of its officers and employees—
(A) to require appropriate authorization to activate interception of communications or access to call-identifying information; and
(B) to prevent any such interception or access without such authorization;
(2) to maintain secure and accurate records of any interception or access with or without such authorization; and
(3) to submit to the Commission the policies and procedures adopted to comply with the requirements established under paragraphs (1) and (2).