Interesting, I searched around for the appeals court document and it has the below excerpt on their page:
cadc.uscourts.gov/bin/script … -1442a.txt
Id. s 1002(a)(1)-(2). Carriers must also “facilitat[e] autho-
rized communications interceptions and access to call-
identifying information … in a manner that protects … the
privacy and security of communications and call-identifying
information not authorized to be intercepted.” Id.
s 1002(a)(4)(A). Because Congress intended CALEA to
"preserve the status quo," the Act does not alter the existing
legal framework for obtaining wiretap and pen register autho-
rization, “provid[ing] law enforcement no more and no less
access to information than it had in the past.” [b]H.R. Rep. No.
103-827, pt. 1, at 22. CALEA does not cover “information services” such as e-mail and internet access. 47 U.S.C.
ss 1001(8)©(i), 1002(b)(2)(A).
What I gather from this is its not the FCC’s job to change the jurisdiction of CALEA covers because it expressly prohibits internet/information services at this point?