§1007 Enforcement Orders

Summary

A court can order someone to follow the rules under 18 U.S.C. 2522 only if two things are true. First, law enforcement cannot reasonably use other technology, capabilities, or another carrier’s systems to intercept communications or get call-identifying information. Second, the carrier, equipment maker, or service provider can reasonably meet the requirements with available technology now, or would have been able to if it had acted in time. If the court issues an order, it must give a fair deadline and conditions to comply. The court must consider whether the party tried in good faith, how the order affects its ability to keep doing business, how blameworthy any delay was, and other fairness issues. The court cannot force a carrier to provide more interception or caller-ID capacity than the Attorney General agreed to pay for. The court cannot require compliance with section 1002 if the Commission found it not reasonably achievable, unless the Attorney General agreed to pay the costs described in section 1008(b)(2). The court 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 costs to modify them or the equipment has been replaced, significantly upgraded, or majorly modified.