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 STATEMENT  OF  COMMISSIONER  MICHAEL  J.  COPPS 
 Re:  Communications  Assistance  for  Law  Enforcement  Act  and  Broadband  Access  and  Services,  Second  Report  and  Order  and  Memorandum  Opinion  and  Order  (ET 
 Docket  No.  04-  295,  RM-  10865) 
 As  I  have  often  said,  the  first  obligation  of  a  public  servant  is  the  safety  of  the  people.  In  our  case  here  at  the  FCC,  our  controlling  statute  makes  that  as  explicit  as  it 
 could  possibly  be—  we  are  charged  to  “make  available  .  .  .  a  rapid,  efficient,  Nation-  wide  and  world-  wide  wire  and  radio  communication  service  .  .  .  for  the  purpose  of  the  national 
 defense”  and  “for  the  purpose  of  promoting  safety  of  life  and  property.”  The  implementation  and  oversight  of  CALEA  is  an  important  part  of  that  duty.  By  ensuring 
 that  law  enforcement  authorities  have  access  to  the  resources  CALEA  authorizes,  this  Commission  supports  efforts  to  protect  the  public  safety  and  homeland  security  of  the 
 United  States  and  its  people.  Because  we  have  a  responsibility  to  assist  those  whose  job  it  is  to  protect  us  from  harm,  I  support  today’s  decision. 


 Today’s  decision  addresses  a  number  of  outstanding  issues  regarding  CALEA  implementation.  The  item  cleans  up  some  of  the  ambiguities  left  open  from  our  earlier 
 efforts.  Notably,  we  clarify  the  role  that  the  experts  in  industry  standard-  setting  bodies  will  play  by  working  in  concert  with  law  enforcement  and  other  interested  parties  to  craft 
 technical  standards  for  critical  terms  like  “call-  identifying  information.”  This  is  truly  urgent  work,  and  I  thank  those  who  are  participating  in  the  process  and  urge  them  to  keep 
 this  the  top  priority  item  it  must  be  both  to  get  the  job  done  and  to  avoid  the  Commission  having  to  intrude  itself  in  the  process.  We  also  clarify  that  trusted  third  parties  are  a 
 legitimate  way  for  carriers  to  manage  their  CALEA  obligations.  The  record  shows  TTP  availability  and  capability  to  perform  a  number  of  services  to  advance  CALEA 
 compliance.  Trusted  third  party  participation  should  also  mean  more  cost-  effective  options  for  compliance,  particularly  for  smaller  carriers. 


 As  all  who  have  followed  our  CALEA  proceedings  know,  this  is  ongoing  and  difficult  work.  As  I  have  remarked  before,  the  challenge  is  complicated  by  the 
 Commission’s  theory  of  substantial  replacement  that  collapsed  the  statutory  dichotomy  between  information  services  and  telecommunications  services  in  a  stretch  that  invited 
 time-  consuming  and  unneeded  legal  complications.  Finally,  as  this  order  notes,  there  is  still  clarity  to  be  provided.  For  example,  numerous  institutions  of  higher  learning  have 
 expressed  concern  that  language  in  our  earlier  order  could  be  read  as  extending  CALEA  obligations  to  the  private  networks  of  universities,  libraries  and  some  others  in  ways 
 possibly  at  odds  with  the  statutory  text.  All  those  agencies  and  offices  of  government  involved  in  CALEA  implementation  should  work  together  to  provide  clarity  here  and  to 
 avoid  confusion—  and  potentially  significant  expenses—  for  these  institutions. 
 I  commend  the  Chairman  for  his  dedication  to  law  enforcement  and  his  continuing  work  on  public  safety  and  homeland  security,  and  I  thank  the  Bureau  for  all  its 
 hard  work  in  getting  this  item  to  us  for  action  today. 
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