FCC Approves New Regulations to Improve Wiretap Abilities

The Federal Communications Commission on Friday approved a series of telephone industry standards aimed at bringing law enforcement wiretaps into the Digital Age, to the displeasure of groups that see a threat to privacy rights.

The FCC order will require telecommunications companies to provide six of nine new surveillance capabilities that have been on the “wish list” of the Justice Department and the Federal Bureau of Investigation.

With the new rules in place, for example, phone companies will have to equip their cellular towers to allow court-authorized traces of cellular phone calls. They also will have to equip their services so that wiretaps can be made of conference calls.

Companies also must put equipment in place to enable law enforcement officials to learn the phone number that a person calls after dialing a 1-800 number to connect with a long-distance carrier.

The FCC rejected the idea of requiring telephone companies to inform law enforcement agents whether wiretaps are working or when customers whose phones are being tapped change features such as call waiting or voicemail.

The FCC will require telecommunications providers to meet the rules by June 30.

The FCC order implements the 1994 Communications Assistance for Law Enforcement Act, which was a response to complaints by law enforcement agencies that they were losing their ability to conduct wiretaps and other forms of electronic surveillance because of rapid new digital technologies.

The Center for Democracy and Technology, a civil liberties advocacy group, said it is outraged by the FCC’s decision.

“The FCC basically sided with the FBI, putting aside any privacy concerns,” said James X. Dempsey, senior staff counsel at the center. He said the center is considering taking it to the courts.