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Administrative Law Keyed to Lawson
United States Telecom Association v. FCC
Facts
The Act defines “call identifying information” as “dialing or signaling information that identifies the origin, destination, or termination of each communication generated or received by a subscriber by means of any equipment, facility, or service of a telecommunications carrier.” The Act did not alter the existing legal framework for obtaining a wiretap or pen register authorization, as it was intended to “preserve the status quo.” The Justice Department and FBI petitioned the Commission to modify its J-Standard, arguing it did not include all of the CALEA’s required assistance capabilities, and provided an FBI “punch list” of nine additional surveillance capabilities it wanted added. After notice and comment, the Commission added four to the J-Standard, and two in part. Petitioners claimed that the definition of “call identification information” under the Act was limited to telephone numbers, and that there was no statutory basis for location information to have been included in the J-Standard or for the Commissioner to have mandated the punch list capabilities.
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