FOR IMMEDIATE RELEASE August 27, 1999 FCC APPROVAL OF FBI WIRETAP STANDARDS THREATENS COMMUNICATIONS PRIVACY WASHINGTON, DC -- The Electronic Privacy Information Center (EPIC) today warned that a new Federal Communications Commission (FCC) decision could result in a significant increase in government interception of digital communications. In its decision, the Commission largely has adopted technical standards proposed by the Federal Bureau of Investigation (FBI) that would dictate the design of the nation's telecommunications networks. Included is a requirement that cellular telephone networks must have the ability to track the physical location of cell phone users. The decision comes just one week after disclosure of a Justice Department proposal to authorize secret police break-ins to access information on computers in private homes and offices. The FCC proceeding involves the Communications Assistance for Law Enforcement Act ("CALEA"), a controversial law enacted by Congress in 1994, which requires the telecommunications industry to design its systems in compliance with FBI technical requirements to facilitate electronic surveillance. In negotiations over the last few years, the FBI and industry representatives were unable to agree upon those standards, resulting in the current proceeding before the Commission. EPIC opposed the enactment of CALEA in 1994 and has participated as a party in the FCC proceeding. Only the general outline of the FCC decision was announced today; the full text of the Commission's decision will be released next week. Based upon the initial FCC announcement, EPIC has serious concerns that the Commission action could frustrate the privacy interests protected by federal statutes and the Fourth Amendment. According to EPIC's General Counsel, David Sobel, "The FBI was seeking surveillance capabilities that far exceed the powers law enforcement has had in the past and is entitled to under the law. It is disappointing that the FCC appears to have resolved this issue in favor of police powers and against privacy." Sobel said that EPIC will review the full text of the decision when it becomes available and may challenge the FCC action in federal court. "Privacy is under assault, and the public is increasingly concerned," said Sobel. "It's time to put the breaks on intrusive government action and reverse the trend toward increased surveillance and information collection." EPIC's formal comments in the FCC proceeding on CALEA are available at: http://www.epic.org/privacy/wiretap/calea/comments_12_98.html - 30 - .