The lawyer said said that a communications provider may monitor traffic for the purposes of network engineering, and that Bellcore may do so as long as Bellcore acts as an agent of a communications provider. The lawyer suggested that we go further than the law in that we `anonymize' the monitored traffic so there is no basis for accusations of breach of privacy. He also said that there is no obligation to inform the subscribers that their traffic will be monitored, though we may choose to do so.

The relevant law is in the Omnibus Crime Control and Safe Streets Act of 1968, and the relevant text seems to be the following: Section 2511.(2)(a)(i)

It shall not be unlawful under this chapter for an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service, whose facilities are used in the transmission of a wire communication, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights of property of the provider of that service, except that a provider of wire communication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks.