CALEA is intended to preserve the ability of law enforcement officials to conduct electronic surveillance effectively and efficiently, despite the deployment of new digital technologies and wireless services by the telecommunications industry. CALEA requires telecommunications carriers to modify their equipment, facilities, and services to ensure that they are able to comply with authorized electronic surveillance. CALEA (47 U.S.C. First Report and Order

On August 5, 2005, the FCC ruled that providers of certain broadband and interconnected VoIP services must accommodate law enforcement wiretaps. The FCC found that these services can be considered replacements for conventional telecommunications services currently subject to wiretap rules, including circuit-switched voice service and dial-up Internet access. The rules are limited to facilities-based broadband Internet access service providers and VoIP providers that offer services permitting users to receive calls from, and place calls to, the public switched telephone network—these providers are called interconnected VoIP providers. Second Report and Order

On May 3, 2006, the FCC addressed several issues regarding CALEA implementation, specifically, the Order:
Affirms the May 14, 2007, CALEA compliance deadline for facilities-based broadband Internet access and interconnected VoIP services (as established by the First Report and Order) and clarifies that the date will apply to all such providers. Explains that the FCC does not plan, at this time, to intervene in the standards-setting process in this matter. Permits telecommunications carriers the option of using Trusted Third Parties (TTPs) to assist in meeting their CALEA obligations. Restricts the availability of compliance extensions to equipment, facilities, and services deployed prior to October 25, 1998. Finds that the commission may, in addition to law enforcement remedies available through the courts, take separate enforcement action under section 229(a) of the Communications Act against carriers that fail to comply with CALEA. Concludes that carriers are responsible for CALEA development and implementation costs for post-January 1, 1995, equipment and facilities, and declines to adopt a national surcharge to recover CALEA costs. Court Challenge

In June 2006, the United States Court of Appeals for the District of Columbia Circuit affirmed the FCC's decision concluding that VoIP and facilities-based broadband Internet access providers have CALEA obligations similar to those of telephone companies.
The Communications Assistance for Law Enforcement Act (CALEA, P.L. 103-414, 47 U.S.C. 1001-1010), enacted October 25, 1994, is intended to preserve the ability of law enforcement officials to conduct electronic surveillance effectively and efficiently despite the deployment of new digital technologies and wireless services that have altered the character of electronic surveillance. CALEA requires telecommunications carriers to modify their equipment, facilities, and services, wherever reasonably achievable, to ensure that they are able to comply with authorized electronic surveillance actions.
Since 2004, the Federal Communications Commission (FCC) has been considering a number of questions as to how to apply CALEA to new technologies, such as Voice over Internet Protocol (VoIP). In August 2005, in response to a March 2004 petition by a group of law enforcement agencies, the FCC released a Notice of Proposed Rulemaking and Declaratory Ruling which required providers of certain broadband and interconnected VoIP services to accommodate law enforcement wiretaps. The FCC found that these services could be considered replacements for conventional telecommunications services already subject to wiretap rules, including circuit-switched voice service and dial-up Internet access. The Order is limited to facilities-based broadband Internet access service providers and VoIP providers that offer services that use the public switched telephone network ("interconnected VoIP providers).
In May 2006, the FCC addressed several outstanding issues regarding CALEA implementation. Among other clarifications, the FCC (1) affirmed its May 14, 2007 compliance deadline for facilities-based broadband Internet access and interconnected VoIP services, and clarified that the date applied to all such providers; (2) explained that the FCC does not plan to intervene in the standards-setting process in this matter; (3) permitted telecommunications carriers the option of using Trusted Third Parties to assist in meeting their CALEA obligations; (4) restricted the availability of compliance extensions to equipment, facilities, and services deployed prior to October 25, 1998; (5) found that the FCC may enforce action under section 229(a) of the Communications Act against carriers that fail to comply with CALEA; and (6) concluded that carriers are responsible for CALEA development and implementation costs for post-January 1, 1995, equipment and facilities, and declined to adopt a national surcharge to recover CALEA costs.
In June 2006, the United States Court of Appeals for the District of Columbia Circuit affirmed the FCC's decision concluding that VoIP and facilities-based broadband Internet access providers have CALEA obligations similar to those of telephone companies.