§1007 Enforcement orders

Summary

A court may order someone to follow this part of the law under section 2522 of title 18 only if it finds two things. First, there are no other technologies or another carrier’s systems that law enforcement can reasonably use to intercept communications or get call-identifying information. Second, following the law is reasonably possible by using available technology on the specific equipment, facility, or service now, or would have been possible if timely steps had been taken. If the court gives an order, it must set a fair deadline and conditions that fit the situation. The court will consider good-faith efforts to comply, how the order would affect the carrier’s or provider’s business, any delay or fault in trying to comply, and other fairness concerns. The order cannot make a carrier go beyond the capacity the Attorney General agreed to pay for, cannot force compliance with section 1002 if the Commission found it not reasonably achievable unless the Attorney General agreed to pay the costs in section 1008(b)(2), and cannot require changes to equipment, facilities, or services put in place on or before January 1, 1995, unless the Attorney General agrees to pay all reasonable modification costs or the equipment has been replaced or heavily upgraded.