EPIC Petition for Review of FCC CALEA Order.
EPIC v. FCC, U.S. Court of Appeals, DC, Case No. 99-1466.
Date filed: November 18, 1999.
Source: Clerk of the U.S. Court of Appeals, DC. This page was created by scanning a photocopy of the original filing, and converting to HTML.

THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT

ELECTRONIC PRIVACY
INFORMATION CENTER and
THE AMERICAN CIVIL
LIBERTIES UNION

      Petitioners,

    v.

FEDERAL COMMUNICATIONS
COMMISSION and UNITED
STATES OF AMERICA

      Respondents.

_____________________________

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PETITION FOR REVIEW

The Electronic Privacy Information Center ("EPIC") and the American Civil Liberties Union ("ACLU"), pursuant to Section 402(a) of the Communications Act of 1934 ("Communications Act"), 47 U.S.C. 402(a), 28 U.S.C. 2342-44, and Rule 15(a) of the Federal Rules of Appellate Procedure, hereby petitions this Court for review of an order of the Federal Communications Commission ("FCC").  In the Matter of Communications Assistance for Law Enforcement Act, CC Docket No. 97-213, Third Report and Order, FCC 99-230 (released Aug. 31, 1999), 64 Fed. Reg. 51,710 ("Third Order").  A copy of the Third Order is attached to this Petition.  Venue lies in this Court pursuant to 28 U.S.C. 2343.

The Commission initiated this rulemaking in response to two separate petitions, filed pursuant to section 107(b) of the Communications Assistance for Law Enforcement Act ("CALEA"), contending that the interim standard adopted by industry and the "punchlist" proposed by the Department of Justice ("DoJ") and the Federal Bureau of Investigation ("FBI") were either overinclusive or underinclusive.  See Third Order, 64 Fed. Reg. 51,710, para.3.

EPIC and the ACLU, along with the Electronic Frontier Foundation ("EFF"), urged the Commission to find that the industry standard and the "punch-list" frustrate the privacy interests [begin page 2] of federal statutes and the Fourth Amendment.  Specifically, EPIC and the ACLU objected to the adoption of the proposed industry standards as being overinclusive because the standards include location information and packet-mode communications capabilities.  EPIC and the ACLU also objected to the DoJ/FBI proposed "punch-list" as being outside the scope of CALEA.  Over these objections, the FCC adopted the majority of both the industry standards and the "punch-list" in the Third Order.

The Third Order is arbitrary, capricious, an abuse of discretion and otherwise contrary to law because, inter alia, it conflicts with the privacy interests protected by both the Constitution and federal statutes.

November 18, 1999