With regard to the customer site electronics, the test becomes more ambiguous. From a networking point of view, one interpretation could easily be that the compliance test depends on whoever manages the network electronics handling the Internet route tables for the local network (the border router).

However, CALEA isn't that clear. The First Report and Order doesn't limit the equipment to routers, listing "routers, soft switches and other equipment that may provide addressing and intelligence functions for packet-based communications to manage and direct the communications, along to their intended destinations." In an IP network, this includes routers but doesn't appear to exclude Layer 2 switches. A Layer 2 switch uses intelligence to direct communications to intended destinations based on Media Access Control addressing. In that sense, if the ISP manages a customer premise Layer 2 switch and the circuit, then the CALEA obligations would fall on the ISP.

Determining exemption status is obviously not trivial. However, some comfort may be taken in realizing that there are many facing this process. Whatever decision is taken, it's good practice to document the decision process and the reasons for determining your network's status.

Finally, this analysis should not be construed as legal advice, rather it's one networker's view of CALEA. Remember, this is not purely a network engineering determination; the institution's legal office needs to make the call, based in part on correct technical input.

CALEA's technical details