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August 03, 2005

CDT/EFF Stand Up for Communications and Internet Freedom on Airplanes:

A couple months ago, I experienced Skyping at 36,000 feet above the Atlantic. I imagined the day when I could always be connected, regardless how far - North, South, East, West, or even vertical - I was from home. Over the past couple of months, a cloud has begun to cast a shadow on that vision. First, with the release of the FCC's E911 for VoIP Order, it has become increasingly more doubtful that I will be able to avail myself of the full terrestrial, nomadic capabilities promised by advances in IP-based communications. Now, I fear that my ability to access the Internet and communicate from the sky (even outside US borders) might be stifled by a US Department of Justice/FBI effort to seek an unprecedented and sweeping new wiretapping regime on airplane communications and Internet access under the guise of thwarting potential terrorist acts. Now, I do not challenge the fact that fighting terrorists is an important concern for law enforcement, and I do not want to stand in the way of the most effective law enforcement mechanisms possible. But curbing onboard Internet access does not, to my mind, advance the cause of terrorists. To the contrary, I believe onboard access to the Internet is potentially a valuable means to communicate potential dangers.

The Center for Democracy and Technology (CDT), along with the Electronic Frontier Foundation (EFF) led the charge for User Empowerment and Net Freedom today. Submitting Reply Comments to the FCC in two relatively obscure FCC proceedings, CDT/EFF spoke for the would-be users of mobile communications devices and Internet access aboard airplanes in response to a move by the DoJ/FBI proposing that the FCC impose, in the words of CDT/EFF, "unprecedented blanket and continuous wiretapping obligations on the communications of airline passengers." The DoJ/FBI has asked that the FCC invoke its rulemaking authority to create new wiretapping obligations by applying CALEA to extend wiretapping mandates to in-flight Internet access.

CDT/EFF did not dispute the fact that law enforcement is able, under existing laws and without any action by the FCC, to obtain a court order that permits the interception of the electronic communications of people in airplanes. That police power already resides with the Federal government, and there is no need to extend the government's ability to intrude in people's lives and stifle the growth and ubiquity of the global Internet and IP-based communications. I trust the FCC will recognize that it does not have the statutory authority to grant a blank check to law enforcement for warrantless interception of all communications of all airline passengers. The proposed wiretapping scheme raises enormous constitutional and statutory problems that go far beyond the FCC's authority and, frankly, opens the door to additional government intrusion upon the global Internet and IP-based communications.

The price of Internet Freedom is eternal vigilance. Thank you CDT and EFF for your eternal vigilance.

Posted by jeff on August 3, 2005 10:03 PM | Permalink

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Jim,

To answer your last question, no, I do not think this is an incumbent telco effort to burden VoIP -- they are also getting hit with DOJ's efforts against broadband Internet more generally.

And yes, DOJ is trying to impose very very specific design mandates, so that they will both drive innovation off shore and impose potentially enormous costs on domestic ISPs and VoIP providers to, for example, retrofit network elements to be able to timestamp intercepts down to tenths of a second. In the circuit switched world, many boxes timed down to that level (and synchonization is important in that environment). But most Internet boxes only time down to seconds. But the FBI insists on the more precise timing for -- as far as we can tell -- no better reason than "we have it in the circuit switched world and so we must have it in the IP world".

At the end of the day, the FBI needs more resources so it can better understand Internet commmunications. A crucial fact that is being missed here (although we have pointed it out) is that if law enforcement relies on CALEA to figure things out, sophisticated crooks will never be caught. Only if the FBI gets comfortable with IP communications will it have a chance to catch a sophisticated (from an IP perspective) crook, and if the FBI does get to that level of comfort, then it really does not need CALEA to figure out a run of the mill Vonage VoIP call.

John

Posted by: John Morris at August 7, 2005 09:47 PM

Thanks, John. i read your reply comments to the FCC and agree with some of them. i concur that this is a matter for the peoples' elected representatives in Congress, not a federal agency.

as you recognized, i dont understand the underlying technology issues. is the DOJ actually seeking to impose a design or is it seeking to require that a result be obtained ?

if all its asking for is a result, then the winners will be the innovators who figure out how to best deliver the result. there are plenty of folks who support a result that enhances the govt's ability to protect their kids. "this is too hard for us" is going to be a losing argument.

but if DOJ really seeks to impose a specific design on the industry, innovation will be stifled or move offshore, as you say. i wont support that.

also, is there a fear that the old telco's are really behind this, just pushing burdensome regulations at VoIP ? or do you think DOJ just doesnt understand the difficulties they're seeking to impose ?

Posted by: jim scott at August 4, 2005 11:11 PM

Jim,

The issue is not whether any particular communication can be tapped -- it can be tapped and CDT and EFF are not challenging that. So Osama will not have an "untappable" technology out there.

This issue is whether the FBI can impose some seriously burdensome design requirements on new Internet technologies. For example, should the FBI be able to require Vonage or rearchitect its service offerings? Should FWD be forced to change how it handles call setups? The concern is that if every new communications technology must meet -- from day one -- a set of burdensome FBI requirements (and to be clear, that is precisely what the FBI has said should happen), then we will have far fewer new technologies, and/or the new technologies will be developed overseas.

The fight against CALEA is not a fight against wiretapping. It is a fight against imposing on the Internet an outdated technology mandate that arguably made sense with POTS (where the network is tightly controlled and owned by a few major players, and where it took years for new technologies to be introduced). Allowing the FBI to radically slow down development of POTS technology probably did not make much difference. But even the looming threat of the FBI mandates on the Internet are already slowing down Internet technology, and we will all suffer for it (and overseas technology development will benefit).

John Morris (with CDT)

Posted by: John Morris at August 4, 2005 10:42 AM

You might be getting too worked up about wiretapping, i think. You seem to equate it with blocking access. But it shouldn't interfere with anyone's access. Also, the government does not have the inclination or time to wiretap broadly. Its highly unlikely that your privacy or mine will be interfered with. I've been using POTS for 44 years and i dont know anyone who has ever been wiretapped. i doubt that extending CALEA to a new medium is going to change that. For example, I'm told that none of Vonage's 850,000 plus customers has ever been wiretapped and the govt has never even requested that Vonage wiretap anyone.

I do think Osama and his crew would be delighted to know that there is a means of oral communication that cant be wiretapped. When i weigh that against the small chance that i'll be wiretapped or that the govt will use wiretaps widely, i come down firmly on the side of extending CALEA.

Posted by: jim scott at August 4, 2005 08:27 AM

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