The Jeff Pulver Blog: pulver.com Joins Public Interest and Business Groups to Challenge FCC¹s Internet Wiretapping Rules:

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October 25, 2005

pulver.com Joins Public Interest and Business Groups to Challenge FCC¹s Internet Wiretapping Rules:

Melville, New York and Washington, DC - October 25, 2005-- The following may be attributed to Jeff Pulver, Chairman of pulver.com regarding today¹s Federal Court notice of appeal challenging the FCC¹s extension of the Communications Assistance for Law Enforcement Act to Internet communications:

"From the perspective of Internet innovators and application providers, our current grievance centers on the FCC's attempt to legislate from within an administrative agency. The FCC has essentially rewritten the CALEA statute and extended its scope well beyond intended telecom services and upon the Internet. The debate over the scope of CALEA was fought in Congress during the debate and passage of the CALEA statute, and it was determined that CALEA would not extend to the Internet. Frankly, it is inappropriate for a regulatory body to reinterpret the clear intent of Congress."

"The FCC, under the guise of promoting national security, failed to consider the need to foster innovation and promote economic advancement. The FCC's overbroad misapplication of CALEA will have the unintended effect of imposing unnecessary and debilitating costs on the Internet and the emerging Internet-based communications industry without any real benefit to national security. The end result will be to drive innovation and economic growth abroad, which ultimately will harm America's national security and economic growth."

"The only people whom the FCC-mandated regulation of the Internet will catch are either law-abiding users who do not need to be caught within CALEA's net or the stupidest of criminals, unable to figure out how to stay beyond the reach of the regulatory net by, for instance, using any of the countless communications means or applications other than those of US-based voice application providers."

"The problem emerges when government tries to micro-manage the technology and compels all application providers within the reach of the US government to adhere to uniform requirements. The cost could not possibly justify the benefit. An Internet-based communications provider does not know what information is running between two end-users. All the Internet-based application provider can do is relay the IP addresses of the two parties communicating -- via voice, video, text, email, or other applications -- across the open Internet. Proper application of CALEA upon the telecom facilities used to deliver voice and other applications, combined with traditional subpoena power, would have preserved a more comprehensible lawful intercept regime, without stifling Internet innovation."

"The Internet and the emerging companies transforming the ways in which we communicate are essentially collateral damage in the FCC's effort to free the largest phone companies and cable companies of economic regulation and competitive access obligations. The FCC failed to recognize that digitization and IP technology mean that voice is just a bit, like any other Internet application. The FCC is committed to regulating along service category lines, ignoring the fact that voice is just an application that can be delivered from anywhere to anywhere like any other digitized bit-stream. The FCC would have better served American consumers, the economy and national security, if it had recognized that it can regulate the facilities within its jurisdiction but not the bits traversing the global Internet."

"Why would government draw the line at voice bits? Is voice somehow so much more susceptible to use by evildoers that it should be subject to more extreme intercept laws than email, text, video or other data transmissions? At the end of the day, this Order opens the door to absolute government intrusion upon and regulation of the Internet."

"The FCC dug a hole for itself and the Internet when, in a bow to the largest phone companies and cable companies, it determined in August that Internet access services are no longer telecom services subject to traditional telecom regulation. The FCC did this in order to free the largest phone companies and cable companies from obligations to allow competitive access to Internet users. But, in order to keep these services subject to CALEA, the FCC had to kluge together a new understanding of the CALEA statute and decades of telecom regulation, in order to impose regulation on services that provide voice communications, regardless of whether the services are telecom services or not. At the end of the day, the kluged together rule and illogical analysis is not sustainable."

"The FCC even went well beyond the request of DOJ/FBI/DEA and ordered that CALEA apply to "interconnected" VoIP services, similar to the services subject to the FCC's earlier Order imposing E-911 obligations upon "interconnected" VoIP services. But wait, it gets even more extreme. It seems that the CALEA rules might actually extend beyond "interconnected" VoIP services and arguably apply more broadly to services that traverse the Internet and are simply "capable" of touching the PSTN. If construed broadly, privacy and freedom on the public Internet are truly jeopardized and this is the first effort by a regulatory body to regulate pure Internet-based services, even those that do not interconnect with the public switched telephone network."

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Posted by jeff on October 25, 2005 01:18 PM | Permalink

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Posted by: 升降机 at July 14, 2008 06:05 AM

Jeff's great in pursuing new platforms, but just plain wrong here. The FCC's application of CALEA is very carefully and narrowly constructed to encompass exactly what Congress intended in the Act. What the FCC and law enforcement are requiring is also substantially less than what almost every other country in the world demands from public communication services providers to support forensic evidentiary requirements.

Because these are carefully crafted worldwide requirements, most major vendors already have baked solutions into their systems, and the costs - especially if the CALEA capabilities are implemented through a service bureau - are minimal. The unchallenged cost data is in the FCC proceeding record if anyone cares to check.

Nothing is being stifled. Nothing is being kludged together. The requirements are simple, straightforward, and needed. The specifications are found in current versions of published industry standards. Indeed, many of the capabilities are needed for effective network management and forensic functions.

As the FCC points out in the order, a number of responsible Internet service providers have already implemented these requirements in a cost-effective manner using readily available solutions. Jeff should consider doing the same.

Posted by: Tony Rutkowski at October 25, 2005 03:32 PM

October 25, 2005

pulver.com Joins Public Interest and Business Groups to Challenge FCC¹s Internet Wiretapping Rules:

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