Here's Comcast's form for emergencies.[1] It ends with
"If Comcast makes an emergency disclosure to your law enforcement agency or
governmental entity pursuant to 18 U.S.C. § 2702(b) or § 2702(c), you agree to provide Comcast with a formal order to provide your agency with the information provided pursuant to this request within 72 hours. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct."
The law enforcement rep has to sign that. This discourages bogus requests.
Each carrier has their own form. Collect those up and show them to your legal people.
More info: an ACLU copy of some guidance for law enforcement on CALEA. [2] Note that DOJ says different carriers have different requirements; some require a court order, and some don't.
More info: Sprint's form.[3] Another "under penalty of perjury" requirement, plus "Pursuant to Title 18 United States Code §2518, §2701, and §3125 all electronic surveillance assistance will terminate if the appropriate legal demand or customer consent is not received within
48 hours."
More info: MetroPCS's policy.[4] "At a minimum,
requests for interceptions citing Exigent Circumstances must include: ... a statement that no warrant or court order is required by law. ...
a statement that all statutory requirements have been met.
... the signature of EITHER (i) the Attorney General of the United States, OR (ii) a law enforcement officer
specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or by
the principal prosecuting attorney of any state or subdivision thereof."
It looks like industry practice other than for AT&T is to impose reasonably strict standards on confirming such requests.
"If Comcast makes an emergency disclosure to your law enforcement agency or governmental entity pursuant to 18 U.S.C. § 2702(b) or § 2702(c), you agree to provide Comcast with a formal order to provide your agency with the information provided pursuant to this request within 72 hours. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct."
The law enforcement rep has to sign that. This discourages bogus requests.
Each carrier has their own form. Collect those up and show them to your legal people.
More info: an ACLU copy of some guidance for law enforcement on CALEA. [2] Note that DOJ says different carriers have different requirements; some require a court order, and some don't.
More info: Sprint's form.[3] Another "under penalty of perjury" requirement, plus "Pursuant to Title 18 United States Code §2518, §2701, and §3125 all electronic surveillance assistance will terminate if the appropriate legal demand or customer consent is not received within 48 hours."
More info: MetroPCS's policy.[4] "At a minimum, requests for interceptions citing Exigent Circumstances must include: ... a statement that no warrant or court order is required by law. ... a statement that all statutory requirements have been met. ... the signature of EITHER (i) the Attorney General of the United States, OR (ii) a law enforcement officer specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or by the principal prosecuting attorney of any state or subdivision thereof."
It looks like industry practice other than for AT&T is to impose reasonably strict standards on confirming such requests.
[1] http://www.comcast.com/~/Media/403EEED5AE6F46118DDBC5F8BC436... [2] https://www.aclu.org/files/cellphonetracking/20120328/celltr... [3] http://al911board.com/sites/default/files/Sprint%20-%20Nexte... [4] https://info.publicintelligence.net/metropcscalea.pdf