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47 U.S.C. § 1004 — Systems security and integrity

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1004 — Systems security and integrity

A telecommunications carrier shall ensure that any interception of communications or access to call-identifying information effected within its switching premises can be activated only in accordance with a court order or other lawful authorization and with the affirmative intervention of an individual officer or employee of the carrier acting in accordance with regulations prescribed by the Commission.

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Stable record: federal_law:legal_authorities:record_usc_a2ca7a481a5769a9d7bf35c8
Source file: Laws/federal/codes/united-states-code/title-47/section-1004-systems-security-and-integrity--32285514d7.md
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Source location: Title 47, Chapter 9, § 1004; chapter-009-interception-of-digital-and-other-communications.md

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A telecommunications carrier shall ensure that any interception of communications or access to call-identifying information effected within its switching premises can be activated only in accordance with a court order or other lawful authorization and with the affirmative intervention of an individual officer or employee of the carrier acting in accordance with regulations prescribed by the Commission.

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1001 — Definitions

For purposes of this subchapter— (1) The terms defined in [section 2510 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2510&num=0&edition=prelim) have, respectively, the meanings stated in that section. (2) The term “call-identifying information” means dialing or signaling information that identifies the origin, direction, destination, or termination of each communication generated or received by a subscriber by means of any equipment, facility, or service of a telecommunications carrier. (3) The term “Commission” means the Federal Communications Commission. (4) The term “electronic messaging services” means software-based services that enable the sharing of data, images, sound, writing, or other information among computing devices controlled by the senders or recipients of the messages. (5) The term “government” means the government of the United States and any agency or instrumentality thereof, the District of Columbia, any commonwealth, territory, or possession of the United States, and any State or political subdivision thereof authorized by law to conduct electronic surveillance. (6) The term “information services”— (A) means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications; and (B) includes— (i) a service that permits a customer to retrieve stored information from, or file information for storage in, information storage facilities; (ii) electronic publishing; and (iii) electronic messaging services; but (C) does not include any capability for a telecommunications carrier’s internal management, control, or operation of its telecommunications network. (7) The term “telecommuni

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 229 — Communications Assistance for Law Enforcement Act compliance

**(a) In general** The Commission shall prescribe such rules as are necessary to implement the requirements of the Communications Assistance for Law Enforcement Act [[47 U.S.C. 1001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1001&num=0&edition=prelim) et seq.]. **(b) Systems security and integrity** The rules prescribed pursuant to subsection (a) shall include rules to implement section 105 of the Communications Assistance for Law Enforcement Act [[47 U.S.C. 1004](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1004&num=0&edition=prelim)] that require common carriers— (1) to establish appropriate policies and procedures for the supervision and control of its officers and employees— (A) to require appropriate authorization to activate interception of communications or access to call-identifying information; and (B) to prevent any such interception or access without such authorization; (2) to maintain secure and accurate records of any interception or access with or without such authorization; and (3) to submit to the Commission the policies and procedures adopted to comply with the requirements established under paragraphs (1) and (2). **(c) Commission review of compliance** The Commission shall review the policies and procedures submitted under subsection (b)(3) and shall order a common carrier to modify any such policy or procedure that the Commission determines does not comply with Commission regulations. The Commission shall conduct such investigations as may be necessary to insure compliance by common carriers with the requirements of the regulations prescribed under this section. **(d) Penalties** For purposes of this chapter, a violation by an officer or employee of any policy or procedure a

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1004 — Systems security and integrity

Page 406 TITLE 47—TELECOMMUNICATIONS § 1004 1 So in original. Probably should not be capitalized. ney General agrees to reimburse such carrier for such modification, such carrier shall be consid- ered to be in compliance with the capacity no- tices under subsection (a) or (c). (Pub. L. 103–414, title I, § 104, Oct. 25, 1994, 108 Stat. 4282.) § 1004. Systems security and integrity A telecommunications carrier shall ensure that any interception of communications or ac- cess to call-identifying information effected within its switching premises can be activated only in accordance with a court order or other lawful authorization and with the affirmative intervention of an individual officer or employee of the carrier acting in accordance with regula- tions prescribed by the Commission. (Pub. L. 103–414, title I, § 105, Oct. 25, 1994, 108 Stat. 4283.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 4 years after Oct. 25, 1994, see section 111(b) of Pub. L. 103–414, set out as a note under section 1001 of this title. § 1005. Cooperation of equipment manufacturers and providers of telecommunications sup- port services (a) Consultation A telecommunications carrier shall consult, as necessary, in a timely fashion with manufactur- ers of its telecommunications transmission and switching equipment and its providers of tele- communications support services for the pur- pose of ensuring that current and planned equip- ment, facilities, and services comply with the capability requirements of section 1002 of this title and the capacity requirements identified by the Attorney General under section 1003 of this title. (b) Cooperation Subject to sections 1003(e), 1007(a), and 1008(b) and (d) of this title, a man

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