Title 47, Telegraphs, Telephones, and RadiotelegraphsRelease 119-110

§1007 Enforcement Orders

Title 47 › CHAPTER 9 — INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS › SUBCHAPTER I — INTERCEPTION OF DIGITAL AND OTHER COMMUNICATIONS › § 1007

Last updated Sep 23, 2026|Official source

Summary

A court can order a phone or internet company to help law enforcement intercept calls or give caller ID only if two things are true: no other technology or another company’s system is reasonably available, and the needed help is reasonably doable with available technology (or would have been if the company had acted on time. When the court issues the order, it must set a reasonable deadline and conditions. The court will consider the company’s good-faith efforts, how the order would affect its business, any delay or fault by the company, and other fairness issues. The order cannot force a company to do more than the Attorney General agreed to pay for. It also cannot require meeting certain assistance rules if the Commission found them not reasonably achievable, unless the Attorney General agreed to pay the costs described. Finally, the order cannot make a company change equipment put in service on or before January 1, 1995, unless the Attorney General pays all reasonable modification costs or the equipment has been replaced, heavily upgraded, or majorly changed.

Full Legal Text

Title 47, §1007

Telegraphs, Telephones, and Radiotelegraphs, Source: USLM XML via OLRC

(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 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 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.

Reference

Citations & Metadata

Citation

47 U.S.C. § 1007

Title 47, Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Sep 23, 2026

Release point: 119-110