Duty LXD-7358
Provides telecom services, in the United States
Stored Communications Act, order barring a provider from notifying anyone of a warrant, subpoena or ordersince 2 lines
18 U.S.C. 2705(b) · Read the law's page
- Applies to a provider of an electronic communications service or a remote computing service to whom a warrant, subpoena, or court order under section 2703 is directed.
- If a court has ordered you under section 2705(b) not to notify any other person of the existence of a warrant, subpoena, or court order directed to you, do not notify any other person of it for the period the court sets.
Communications Assistance for Law Enforcement Act (CALEA), carrier assistance capability and systems securitysince 7 lines
47 U.S.C. 1001-1010; 47 CFR Part 1, Subpart Z · Read the law's page
- If you are a telecommunications carrier (a common carrier for hire that transmits or switches wire or electronic communications, a commercial mobile service provider, a facilities-based broadband Internet access provider, or an interconnected VoIP provider), ensure that the equipment, facilities or services that give a subscriber the ability to originate, terminate or direct communications can isolate a subscriber's communications and the call-identifying information reasonably available to you and deliver them to the government under a court order or other lawful authorization (47 U.S.C. 1002(a)).
- Ensure that any interception of communications or access to call-identifying information within your switching premises can be activated only under a court order or other lawful authorization and with the affirmative intervention of an individual officer or employee of yours (47 U.S.C. 1004).
- Appoint a senior officer or employee responsible for that duty, establish written policies and procedures that include contact information for law enforcement agencies seven days a week, 24 hours a day, and file them with the Commission before commencing service (47 CFR 1.20003(a) and (b), 1.20005(a)).
- Keep a secure and accurate record of each interception of communications or access to call-identifying information, made with or without authorization, certified by the individual who oversaw it (47 CFR 1.20004(a)).
- Report to the affected law enforcement agencies, within a reasonable time upon discovery, any compromise of a lawful interception to unauthorized persons and any unlawful electronic surveillance on your premises (47 CFR 1.20003(c)).
- Consult, as necessary and in a timely fashion, with the manufacturers of your transmission and switching equipment and your providers of telecommunications support services so that current and planned equipment, facilities and services meet the assistance capability requirements (47 U.S.C. 1005(a)).
- If you manufacture telecommunications transmission or switching equipment or provide telecommunications support services, make available to carriers, on a reasonably timely basis and at a reasonable charge, the features or modifications they need to comply (47 U.S.C. 1005(b)).
21st Century Communications and Video Accessibility Act, access to advanced communications services and equipmentsince 9 lines
47 U.S.C. 617 and 618; 47 CFR 14.1 to 14.38 · Read the law's page
- If you manufacture equipment used for advanced communications services (end user equipment, network equipment or software) and offer it for sale or distribute it in interstate commerce, make it accessible to and usable by individuals with disabilities, unless that is not achievable (47 U.S.C. 617(a)(1); 47 CFR 14.20(a)(1)).
- If you provide an advanced communications service (non-interconnected VoIP, electronic messaging, interoperable video conferencing, inmate audio or video communications, or interconnected VoIP not already subject to section 255 on ), make the service accessible to and usable by individuals with disabilities, unless that is not achievable (47 U.S.C. 617(b)(1); 47 CFR 14.20(a)(2) and 14.2(c)).
- Where accessibility is not achievable by building it in or by using third-party accessibility solutions available to the consumer at nominal cost, make the equipment or service compatible with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities, unless that is not achievable (47 CFR 14.20(a)(3)).
- As a provider, do not install network features, functions or capabilities that impede accessibility or usability, and do not impair the accessibility of content that already has accessibility built in (47 CFR 14.20(a)(4) and (5)).
- Consider the performance objectives of 47 CFR 14.21 at the design stage and identify barriers to accessibility and usability during evaluation (47 CFR 14.20(b)), and pass through the industry-standard codes and formats needed to deliver the service in an accessible format, if achievable (47 CFR 14.20(c)).
- Make the information and documentation you give customers accessible, if achievable, including bills, user guides and installation guides, and let individuals with disabilities reach call centers and customer support at no extra cost (47 CFR 14.20(d)).
- From , an interoperable video conferencing service must provide at least one mode with accurate, synchronous captions and let users connect third-party captioning, enable third-party sign language interpretation, and provide user controls for captions, speakers and signers (47 CFR 14.21(b)(2)(iv) and (b)(4)).
- Keep records of your accessibility efforts and sign and file an annual compliance certificate with the Commission (47 CFR 14.31).
- The rules do not reach customized equipment or services not offered directly to the public (47 CFR 14.3), or a person that only transmits third-party communications or provides an information location tool, unless it relies on third-party solutions to comply (47 CFR 14.2); the Commission may waive them for multipurpose equipment and services designed primarily for other purposes (47 CFR 14.5).
21st Century Communications and Video Accessibility Act, internet browsers built into mobile phonessince 3 lines
47 U.S.C. 619; 47 CFR 14.60 and 14.61 · Read the law's page
- If you manufacture a telephone used with public mobile services that includes an Internet browser, or you are a mobile service provider that arranges for a browser to be included in telephones you sell to customers, make the browser's functions, including the ability to launch it, accessible to and usable by individuals who are blind or have a visual impairment, unless that is not achievable (47 U.S.C. 619(a); 47 CFR 14.61(a)).
- The duty reaches only the browser you include or arrange to include; it does not require you to make other browsers, or Internet content, applications or services, accessible, other than enabling individuals with disabilities to use the included browser to reach them (47 CFR 14.61(a)(1) and (2)).
- Consider the performance objectives that 47 CFR 14.60(b) makes applicable at the design stage, and make the information and documentation you give customers accessible, if achievable (47 CFR 14.60(b)(3) and (4)).
Stored Communications Act, required preservation and disclosure of data held anywhere, and the provider's motion to quash (CLOUD Act)since 4 lines
18 U.S.C. 2713 and 2703(h) · Read the law's page
- Applies to a provider of an electronic communication service or a remote computing service, including a provider that stores or processes customers' communications or records for them, once legal process under chapter 121 of title 18 reaches it.
- If you provide an electronic communication service or a remote computing service, comply with the preservation, backup and disclosure obligations of chapter 121 for the contents of a wire or electronic communication and any record or other information about a customer or subscriber within your possession, custody or control, whether the data is located inside or outside the United States.
- To challenge legal process under section 2703 for the contents of a subscriber's communications on the ground that disclosure would create a material risk of violating a qualifying foreign government's laws, file the motion to modify or quash within 14 days after you were served, unless the government agrees to more time or the court allows it on an application made within the 14 days.
- While a motion under section 2703(h) is pending, preserve the information sought; you need not produce it unless the court finds that immediate production is necessary to prevent an adverse result identified in section 2705(a)(2).
Caller ID Authentication Rules (STIR/SHAKEN)since 6 lines
47 CFR Part 64, Subpart HH · Read the law's page
- This subpart reaches your organization only if it is a provider of voice service, a service interconnected with the public switched telephone network that furnishes voice communications to an end user using North American Numbering Plan resources, or an intermediate provider that carries or processes that traffic; declare the telecom services role only if you are one, and read this instrument by hand if you offer outbound calling to others.
- Obtain an SPC token from the Secure Telephone Identity Policy Administrator, use it to obtain a Secure Telephone Identity certificate from a Secure Telephone Identity Certificate Authority, and use that certificate to authenticate caller identification information for all SIP calls you originate and will exchange with another provider and to verify it for the SIP calls you terminate that arrive authenticated, unless an extension or exemption in the subpart applies to you.
- If you are an intermediate provider, pass unaltered to the next provider in the call path any authenticated caller identification information you receive, removing it only where necessary for technical reasons to complete the call or where you reasonably believe it presents an imminent threat to your network security.
- If you are a gateway provider, authenticate caller identification information for every call you receive that uses North American Numbering Plan resources that pertain to the United States in the caller ID field and has not been authenticated, unless an applicable extension covers you.
- Implement an appropriate robocall mitigation program with reasonable steps to avoid originating illegal robocall traffic and a commitment to respond within 24 hours to all traceback requests from the Commission, law enforcement and the industry traceback consortium, and file an officer-signed certification of it in the Robocall Mitigation Database, updating the filing within 10 business days of any change.
- Do not add a line item charge to a consumer or small business customer's bill for the call authentication technology the subpart requires.
Stored Communications Act, provider disclosure of customer communications and recordsin force6 lines
18 U.S.C. 2702-2703 · Read the law's page
- Applies to a provider of an electronic communication service or a remote computing service to the public, and to a governmental entity that seeks a customer's communications or records from such a provider.
- If you provide an electronic communication service to the public, do not knowingly divulge the contents of a communication in electronic storage by that service to any person or entity unless an exception in section 2702(b) applies.
- If you provide a remote computing service to the public, do not knowingly divulge the contents of a communication you maintain for a subscriber or customer solely to store or process it unless an exception in section 2702(b) applies.
- If you provide either service to the public, do not knowingly divulge a record or other information about a subscriber or customer, other than the contents of communications, to a governmental entity unless an exception in section 2702(c) applies; the prohibition does not reach a disclosure of such a record to a person other than a governmental entity.
- Give a governmental entity the contents of a communication only on the process section 2703 requires: a warrant for contents in electronic storage for 180 days or less, and for other contents a warrant, or a subpoena or court order with the prior notice section 2703(b) describes.
- Give a governmental entity a customer record other than contents only on a warrant, a court order under section 2703(d), the customer's consent, a formal written telemarketing-fraud request, or, for the subscriber information listed in section 2703(c)(2), a subpoena.
FCC CPNI breach notification rulein force6 lines
47 CFR 64.2011 · Read the law's page
- This binds a telecommunications carrier, which for the subpart that holds this rule includes an entity that provides interconnected VoIP service (47 CFR 64.2003(o)).
- After you reasonably determine that a breach of your customers' CPNI has occurred, electronically notify the United States Secret Service and the Federal Bureau of Investigation through the central reporting facility as soon as practicable, and in no event later than seven business days (47 CFR 64.2011(b)).
- Do not notify your customers or disclose the breach publicly, whether voluntarily or under state or local law, until you have completed notifying law enforcement, and then not until 7 full business days have passed after that notice, unless an extraordinarily urgent need to avoid immediate and irreparable harm leads you to notify a class of affected customers sooner after consultation with the relevant investigating agency (47 CFR 64.2011(a) and (b)).
- Do not notify customers or disclose the breach where the relevant investigating agency directs you in writing not to, for an initial period of up to 30 days that the agency may extend (47 CFR 64.2011(b)(3)).
- After you have completed notifying law enforcement, notify your customers of the breach of their CPNI (47 CFR 64.2011(c)).
- Keep a record, electronically or in some other manner, of any breaches discovered, notifications to the Secret Service and the FBI, and notifications to customers, including if available the dates of discovery and notification, a detailed description of the CPNI involved and the circumstances of the breach, for a minimum of 2 years (47 CFR 64.2011(d)).
Communications Act of 1934, common carrier duties and the information service definitionin force2 lines
47 U.S.C. 153(24), 201-202 · Read the law's page
- If you provide a telecommunications service, offering telecommunications for a fee directly to the public, you are treated as a common carrier for that service: furnish it upon reasonable request and keep every charge, practice, classification, and regulation for it just and reasonable (s. 201).
- Do not make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services for like communication service, and do not give any undue or unreasonable preference or advantage to a particular person, class of persons, or locality (s. 202(a)).