47 U.S.C. § 1002 — Assistance capability requirements

(a) Capability requirements

Except as provided in subsections (b), (c), and (d) of this section and sections 1007(a) and 1008(b) and (d) of this title, a telecommunications carrier^* must ensure that its equipment, facilities, or services that let a customer or subscriber start, end, or direct communications are capable of all of the following:

(1) The carrier must be able to quickly isolate communications and enable the government^*, under a court order or other lawful authorization, to intercept all wire and electronic communications carried by the carrier within a service area to or from the equipment, facilities, or services of one of the carrier’s subscribers. The interception must exclude every other communication. It must happen at the same time the communications are transmitted to or from the subscriber’s equipment, facility, or service, or at a later time acceptable to the government. The section does not define “service area,” “wire communication,” “electronic communication,” “subscriber,” “intercept,” “court order,” “lawful authorization,” “equipment,” “facility,” “transmission,” or “government.”

(2) The carrier must be able to quickly isolate and enable the government, under a court order or other lawful authorization, to access call-identifying information^* that is reasonably available to the carrier:

(A) before, during, or immediately after a wire or electronic communication is transmitted, or at a later time acceptable to the government; and

(B) in a way that allows the information to be connected with the communication it concerns.

However, when information is obtained only under the authority for pen registers and trap-and-trace devices, as defined in section 3127 of title 18, “call-identifying information” may not include information that could reveal the subscriber’s physical location. This does not prevent including information to the extent the location can be determined from the telephone number. The section does not define “call-identifying information,” “pen register,” “trap-and-trace device,” “physical location,” or “telephone number.”

(3) Under a court order or other lawful authorization, the carrier must deliver intercepted communications and call-identifying information to the government in a format that allows the government to transmit them using equipment, facilities, or services it obtains. The transmission must be possible to a location away from the carrier’s premises. The section does not define “format,” “procure,” or “premises.”

(4) The carrier must make authorized interceptions and access to call-identifying information possible without drawing attention and with as little interference as possible with any subscriber’s telecommunications service. It must do so in a way that protects:

(A) the privacy and security of communications and call-identifying information that the government is not authorized to intercept; and

(B) information about the government’s interception of communications and access to call-identifying information.

The section does not define “authorized,” “unobtrusively,” “interference,” “privacy,” “security,” or “telecommunications service.”

(b) Limitations

(1) Design of features and system configurations

This subchapter does not authorize a law-enforcement agency or officer to do either of the following:

(A) Require a provider of a wire or electronic communication service, a manufacturer of telecommunications equipment, or a provider of telecommunications support services^* to adopt a specific design for equipment, facilities, services, features, or system configurations; or

(B) prohibit any provider of a wire or electronic communication service, any manufacturer of telecommunications equipment, or any provider of telecommunications support services from adopting any equipment, facility, service, or feature.

The section does not define “subchapter,” “law-enforcement agency,” “officer,” “provider,” “manufacturer,” “telecommunications equipment,” “telecommunications support services,” “design,” “system configuration,” or “adopt.”

(2) Information services^*; private networks and interconnection services and facilities

The requirements in subsection (a) do not apply to:

(A) information services; or

(B) equipment, facilities, or services that support transporting or switching communications for private networks or solely for connecting telecommunications carriers to one another.

The section does not define “information services,” “private networks,” “transport,” “switching,” “interconnecting,” or “telecommunications carriers.”

(3) Encryption

A telecommunications carrier is not responsible for decrypting a communication encrypted by a subscriber or customer, and is not responsible for ensuring that the government can decrypt it, unless the carrier provided the encryption and has the information needed to decrypt the communication. The section does not define “encryption,” “decrypting,” or “information necessary.”

(c) Emergency or exigent circumstances

In an emergency or exigent circumstance, including one described in sections 2518(7) or (11)(b) and 3125 of title 18 or section 1805(e) of title 50, a carrier may, at its discretion, comply with subsection (a)(3) by allowing monitoring at the carrier’s premises if that is the only way to carry out the interception or access. The section does not define “emergency,” “exigent circumstance,” “monitoring,” or “only means.”

(d) Mobile service assistance requirements

A telecommunications carrier that provides commercial mobile service, as defined in section 332(d) of this title, and offers a feature or service that lets subscribers redirect, hand off, or assign their wire or electronic communications to another service area or service provider, or use facilities in another service area or of another service provider, must meet the following requirement.

If the carrier that had been helping with the interception of wire or electronic communications or access to call-identifying information under a court order or lawful authorization no longer has access to the content of those communications or to that call-identifying information within the service area where the interception has been taking place because the subscriber used the feature or service, information must be made available to the government before, during, or immediately after the communications are transferred. That information must identify the provider of a wire or electronic communication service that has obtained access to the communications. The section does not define “commercial mobile service,” “redirect,” “hand off,” “assign,” “content,” “transfer,” or “acquired access.”