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http://www.nytimes.com/2010/10/19/us...pagewanted=all
By CHARLIE SAVAGE
Published: October 18, 2010
The officials say tougher legislation is needed because some telecommunications companies in recent years have begun new services and made system upgrades that caused technical problems for surveillance. They want to increase legal incentives and penalties aimed at pushing carriers like Verizon, AT&T, and Comcast to ensure that any network changes will not disrupt their ability to conduct wiretaps.
An Obama administration task force that includes officials from the Justice and Commerce Departments, the F.B.I. and other agencies recently began working on draft legislation to strengthen and expand the Communications Assistance to Law Enforcement Act, a 1994 law that says telephone and broadband companies must design their services so that they can begin conducting surveillance of a target immediately after being presented with a court order.
There is not yet agreement over the details, according to officials familiar with the deliberations, but they said the administration intends to submit a package to Congress next year.
[..]
The Obama administration is circulating several ideas for legislation that would increase the government’s leverage over carriers, officials familiar with the deliberations say.
One proposal is to increase the likelihood that a firm pays a financial penalty over wiretapping lapses — like imposing retroactive fines after problems are fixed, or billing companies for the cost of government technicians that were brought in to help.
Another proposal would create an incentive for companies to show new systems to the F.B.I. before deployment. Under the plan, an agreement with the bureau certifying that the system is acceptable would be an alternative “safe harbor,” ensuring the firm could not be fined.
The proposal may also modify how the “safe harbor” standard is established. Five years ago, the F.B.I. drafted legislation that would have given the Justice Department greater power over the standard while requiring the F.C.C. to act more quickly on petitions. That bill, however, was not ultimately filed.
By CHARLIE SAVAGE
Published: October 18, 2010
The officials say tougher legislation is needed because some telecommunications companies in recent years have begun new services and made system upgrades that caused technical problems for surveillance. They want to increase legal incentives and penalties aimed at pushing carriers like Verizon, AT&T, and Comcast to ensure that any network changes will not disrupt their ability to conduct wiretaps.
An Obama administration task force that includes officials from the Justice and Commerce Departments, the F.B.I. and other agencies recently began working on draft legislation to strengthen and expand the Communications Assistance to Law Enforcement Act, a 1994 law that says telephone and broadband companies must design their services so that they can begin conducting surveillance of a target immediately after being presented with a court order.
There is not yet agreement over the details, according to officials familiar with the deliberations, but they said the administration intends to submit a package to Congress next year.
[..]
The Obama administration is circulating several ideas for legislation that would increase the government’s leverage over carriers, officials familiar with the deliberations say.
One proposal is to increase the likelihood that a firm pays a financial penalty over wiretapping lapses — like imposing retroactive fines after problems are fixed, or billing companies for the cost of government technicians that were brought in to help.
Another proposal would create an incentive for companies to show new systems to the F.B.I. before deployment. Under the plan, an agreement with the bureau certifying that the system is acceptable would be an alternative “safe harbor,” ensuring the firm could not be fined.
The proposal may also modify how the “safe harbor” standard is established. Five years ago, the F.B.I. drafted legislation that would have given the Justice Department greater power over the standard while requiring the F.C.C. to act more quickly on petitions. That bill, however, was not ultimately filed.
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