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47 U.S.C. § 1007 — Enforcement orders

submitted 32 years ago by Pub. L. 103-414 to r/title-47-TELECOMMUNICATIONS · 362 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section states when a court must enforce the communications-interception requirements of this subchapter. It sets a reasonable compliance period and limits what an enforcement order may require from telecommunications carriers.

(a) Grounds for issuance. A court shall issue an order enforcing this subchapter under section 2522 of title 18 only if it finds both that: (1) alternative technologies, capabilities, or another carrier’s facilities are not reasonably available to law enforcement for intercepting communications or obtaining call-identifying information; and (2) available technology can make compliance reasonably achievable for the equipment, facility, or service, or compliance would have been reasonably achievable if timely action had been taken. (b) Time for compliance. When issuing an enforcement order, the court must set a reasonable compliance time and conditions. It must consider good-faith efforts to comply promptly, effects on the carrier’s, manufacturer’s, or service provider’s ability to continue business, the degree of fault or delay in trying to comply, and other matters justice may require. (c) Limitations. An order may not: (1) require a telecommunications carrier to meet the Government’s demand for interception and call-identifying information beyond the capacity for which the Attorney General agreed to reimburse the carrier; (2) require a carrier to meet section 1002’s assistance-capability requirement if the Commission decided under section 1008(b)(1) that compliance is not reasonably achievable, unless the Attorney General agreed under section 1008(b)(2) to pay the costs described in section 1008(b)(2)(A); or (3) require a carrier to modify equipment, a facility, or a service deployed on or before January 1, 1995, to meet section 1002’s assistance-capability requirements, unless (A) the Attorney General agreed to pay all reasonable costs directly tied to necessary modifications, or (B) the equipment, facility, or service has been replaced, significantly upgraded, or otherwise substantially modified.

the actual law source: uscode.house.gov ↗public domain
(a) Grounds for issuance

A court shall issue an order enforcing this subchapter under section 2522 of title 18 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 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.

(b) 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.

(c) Limitations

An order enforcing this subchapter may not—

(1)

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;

(2)

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

(3)

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 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.

Source credit: (Pub. L. 103–414, title I, § 108, Oct. 25, 1994, 108 Stat. 4285.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-414 · 108 Stat. 4285

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-414 on 1994-10-25.

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