Criminal organizations and individuals frequently use the telecommunication systems of the United States to further serious crimes, including terrorism, kidnapping, extortion, organized crime, drug trafficking, and public corruption. One of the most effective tools law enforcement agencies use to acquire evidence of these crimes is electronic surveillance techniques.1 However, continuing advances in telecommunication technology have impaired and in some instances prevented law enforcement from conducting some types of authorized electronic surveillance.
With advances in telecommunication technologies and law enforcement’s growing concern about the ability to conduct authorized electronic surveillance, Congress passed the Communications Assistance for Law Enforcement Act (CALEA) in 1994. The purpose of CALEA was to enable law enforcement to conduct electronic surveillance despite the deployment of new technologies and wireless services that have altered the character of electronic surveillance. To facilitate CALEA implementation, Congress appropriated nearly $500 million to the Telecommunications Carrier Compliance Fund (TCCF). The Attorney General was designated to reimburse telecommunication carriers for the cost of modifying equipment, facilities, or services installed or deployed on or before January 1, 1995, to assist law enforcement authorities in carrying out its surveillance activities. In February 1995, the Attorney General delegated CALEA management to the Federal Bureau of Investigation (FBI).