CALEA Update

As you know, MOREnet has been following and participating in the discussion surrounding the Communications Assistance for Law Enforcement Act (CALEA) for several months. A determination regarding MOREnet's obligations with respect to CALEA has been reached.

MOREnet carefully reviewed, with its counsel, the technical and legal requirements of CALEA. Based upon this review, it appears that MOREnet is a private broadband network and that the facilities serving as a private network are exempt from CALEA requirements. However, the FCC has stated that where a private network interfaces with the Internet (or public switched telephone network), the owner of the facilities at those connection points must ensure that those facilities comply with CALEA.

As such, MOREnet will comply with CALEA at the gateway systems to the public Internet. This includes submitting the Monitoring Report, FCC Form 445 (due February 12, 2007) and a System Security and Integrity Plan (due March 12, 2007).

MOREnet also looked carefully at the question of whether MOREnet members have a separate CALEA obligation. After consulting with counsel, it appears that if MOREnet members do not provide access to the Internet, other than through MOREnet, they have no separate CALEA obligation. While this is an informed opinion, the final decision for MOREnet members lies with their institution.