Thursday, February 9, 6:00 – 8:15 p.m.

CALEA Enforcement: Don’t Find Out the Hard Way

The FCBA Homeland Security and Emergency Communications Committee will hold a CLE on Thursday, February 9, 2012 from 6:00 – 8:15 p.m. on CALEA Enforcement: Don’t Find Out the Hard Way.  It will be held at Wiley Rein LLP, 1776 K Street, NW, Washington, DC.

The Communications Assistance for Law Enforcement Act, or “CALEA,” was enacted in 1994 to preserve the ability of law enforcement to conduct lawful electronic surveillance on telecommunications networks.  Over the past year, the Federal Bureau of Investigation has encountered certain non-compliant communications carriers and brought them to the attention of the Federal Communications Commission.

AGENDA

6:00 – 6:05 p.m.         Welcome and Introductions

Frederick (“Rick”) M. Joyce, Chair, Communications Group, Venable LLP and Co-

Chair, Homeland Security and Emergency Communications Committee

6:05 – 7:05 p.m.         PART I: The FCC’s CALEA Enforcement Proceedings

Panelists will address the recent trend of FCC Enforcement Bureau inquiries into the compliance of certain telecommunications carriers with the Communications Assistance for Law Enforcement Act (“CALEA”).  The discussion will focus on the enforcement goals of the FCC and law enforcement, the nature and scope of any non-compliance, and factors that communications counsel should consider when assessing their clients’ CALEA compliance strategies.

Moderator:

Rick Joyce, Chair, Communications Group, Venable LLP and Co-Chair, Homeland Security and Emergency Communications Committee

Speakers:

Thomas Beers, Chief, Policy Division, Public Safety and Homeland Security Bureau

Todd P. McDermott, Vice President, Verint Systems, Inc.

Les Szwajkowsi, former Chief, CALEA Implementation Unit, Federal Bureau of Investigation

7:05 – 7:15 p.m.         Break

7:15 – 8:15 p.m.         PART II:  The Congressional CALEA “Going Dark” Proceeding

This panel will focus on the stated proposal of the Federal Bureau of Investigation to update and improve the CALEA statute.  Panelists will explore issues such as the potential expansion of the statutory scope of coverage and potential new technical capability mandates.

Moderator:

Michael Altschul, Senior Vice President, General Counsel at CTIA – The Wireless Association

Speakers:

Joel M. Margolis, Senior Director, Government Affairs, Subsentio, Inc.

Gregory T. Nojeim, Senior Counsel at the Center for Democracy & Technology and Director of its Project on Freedom, Security & Technology

Les Szwajkowsi, former Chief, CALEA Implementation Unit, Federal Bureau of

Investigation