Title 47 — Telecommunications
Chapter 9 — Interception of Digital and Other Communications
§ 1007. Enforcement orders
Statutory text
Grounds for issuance
A court shall issue an order enforcing this subchapter under section 2522 of title 18 only if the court finds that—
alternative technologies or capabilities or the facilities of another carrier are not reasonably available to law enforcement for implementing the interception of communications or access to call-identifying information; and
compliance with the requirements of this subchapter is reasonably achievable through the application of available technology to the equipment, facility, or service at issue or would have been reasonably achievable if timely action had been taken.
Time for compliance
Upon issuing an order enforcing this subchapter, the court shall specify a reasonable time and conditions for complying with its order, considering the good faith efforts to comply in a timely manner, any effect on the carrier’s, manufacturer’s, or service provider’s ability to continue to do business, the degree of culpability or delay in undertaking efforts to comply, and such other matters as justice may require.
Limitations
An order enforcing this subchapter may not—
require a telecommunications carrier to meet the Government’s 1 demand for interception of communications and acquisition of call-identifying information to any extent in excess of the capacity for which the Attorney General has agreed to reimburse such carrier;
require any telecommunications carrier to comply with assistance capability requirement 2 of section 1002 of this title if the Commission has determined (pursuant to section 1008(b)(1) of this title) that compliance is not reasonably achievable, unless the Attorney General has agreed (pursuant to section 1008(b)(2) of this title) to pay the costs described in section 1008(b)(2)(A) of this title; or
require a telecommunications carrier to modify, for the purpose of complying with the assistance capability requirements of section 1002 of this title, any equipment, facility, or service deployed on or before , unless—
the Attorney General has agreed to pay the telecommunications carrier for all reasonable costs directly associated with modifications necessary to bring the equipment, facility, or service into compliance with those requirements; or
the equipment, facility, or service has been replaced or significantly upgraded or otherwise undergoes major modification.
Footnotes
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Communications Assistance for Law Enforcement Act
Pub. L. 103–414 title I § 108 · 108 Stat. 4279
Enacted · 47 U.S.C. § 1007
(Pub. L. 103–414, title I, § 108, Oct. 25, 1994, 108 Stat. 4285.)
Source evidence
Code source credit
(Pub. L. 103–414, title I, § 108, Oct. 25, 1994, 108 Stat. 4285.)Enacted provision · exact public law section
SEC. 108. ENFORCEMENT ORDERS. (a) Grounds for Issuance.— A court shall issue an order enforcing this title under section 2522 of title 18, United States Code, only if the court finds that— (1) alternative technologies or capabilities or the facilities of another carrier are not reasonably available to law enforcement for implementing the interception of communications or access to call-identifying information; and (2) compliance with the requirements of this title is reasonably achievable through the application of available technology to the equipment, facility, or service at issue or would have been reasonably achievable if timely action had been taken, (b) Time for Compliance.— Upon issuing an order enforcing this title, the court shall specify a reasonable time and conditions for complying with its order, considering the good faith efforts to comply in a timely manner, any effect on the carrier’s, manufac-turer’s, or service providers ability to continue to do business, the degree of culpability or delay in undertaking efforts to comply, and such other matters as justice may require. (c) Limitations.— An order enforcing this title may not— (1) require a telecommunications carrier to meet the Government’s demand for interception of communications and acquisition of call-identifying information to any extent in excess of the capacity for which the Attorney General has agreed to reimburse such carrier; (2) require any telecommunications carrier to comply with assistance capability requirement of section 103 if the Commission has determined (pursuant to section 109(b)(l)) that compliance is not reasonably achievable, unless the Attorney General has agreed (pursuant to section 109(b)(2)) to pay the costs described in section 109(b)(2)(A); or (3) require a telecommunications carrier to modify, for the purpose of complying with the assistance capability requirements of section 103, any equipment, faculty, or service deployed on or before January 1, 1995, unless— (A) the Attorney General has agreed to pay the telecommunications carrier for all reasonable costs directly associated with modifications necessary to bring the equipment, facility, or service into compliance with those requirements; or (B) the equipment, facility, or service has been replaced or significantly upgraded or otherwise undergoes major modification.
1 of 1 references resolved to an enrolled provision