May 2006 Archives

So yesterday, I posted an article about CALEA and mentioned both the recent FCC activity and the oral arguments at the DC Circuit.  Not six hours later, I learn of the AP report (in this case, via the LA Times) that reports on the arguments themselves... and if I'd thought a little, I would have skimmed Google News and come across Declan McCullagh's first-hand coverage of the arguments.

Skepticism in the courtroom doesn't always translate into "favorable" opinions.  What I do find interesting about the report, however, is the suggestion by Judge Sentelle (apparently echoed by Judge Edwards) that pure Internet calling (e.g. the original Skype) may be exempt from CALEA, but VoIP services that connect to the traditional telephone network (e.g. Vonage, AT&T CallVantage, Verizon Broadwing) are likely covered.  I'm curious to see how this line of reasoning might  affect the SkypeOut and SkypeIn plans (which do connect to the PSTN) now that Skype is a wholly-owned subsidiary of eBay, as well as AOL's plan to begin offering telephone numbers on its voice/instant messaging service.

Technorati: CALEA, VoIP, Skype, DC Circuit

Most of the time when I talk about the Federal Communications Commission, it's over at Deadly Tango and in connection with broadcasting, especially content regulation. The FCC's jurisdiction is a bit wider, however... and some of its other areas of concern are likely to affect many of us in much more significant ways.

One of the joys of being a rank amateur at this quasi-journalistic stuff is that I have the luxury of starting an article and then waiting six months to finish the story when it becomes timely again.  In this case, the topic is the costs and potential damage from CALEA, the Communications Assistance for Law Enforcement Act. Jointly administered by the FCC and FBI, CALEA sets out various requirements for telephone companies to open their networks for wiretapping and other surveillance.  Notably, CALEA is an act about technical standards for communications companies, not a separate authorization for wiretapping by the FBI or other law enforcement agencies.

Last summer, the FCC decided (PDF) that CALEA requires participation and assistance from all "interconnected VoIP providers" and "broadband Internet access service providers", not just the traditional telephone companies.  In other words, all the cable companies and broadband ISPs, along with any of the "VoIP-out" and "VoIP-in" services, are responsible for installing equipment that allows law enforcement to tap and intercept communications across those circuits or lines. Last Wednesday, the FCC reaffirmed (PDF) its August 2005 order and the implementation deadline of May 14, 2007 for all affected parties.

The Electronic Frontier Foundation (with the usual cast of fellow travellers) has challenged this expansion of CALEA and just yesterday argued its case before the Court of Appeals for the DC Circuit (the highest-ranking "administrative law" court in the country). The foundation of the EFF's argument is pretty simple: there are already enough wiretapping laws, and the ones already on the books are being honored primarily in the breach.

Aside from the privacy advocates, the other major (and potentially unexpected) protest to this expansion of CALEA is coming from U.S. colleges and universities.  Since larger universities often operate their own phone switches and nearly always operate IP networks connected to the Internet, the expanded CALEA smacks them squarely across the teeth.  The universities seem to be more concerned about cost than about higher principles of free speech and privacy... but at least they're speaking up. For additional perspectives, please check out Ars Technica's continuing coverage of the issue.

Personally, I'm torn on this topic.  Is it right for ISPs and telcos to say "sorry, we have no technological hooks into VoIP traffic" in the face of a legitimate (and judicially authorized) wiretap request?  Is it right for the government to pass this cost to private industry?  Will CALEA-type requirements lead to Ed Whitacre's tiered and segregated Internet, where VoIP traffic gets tagged and shunted into separate "pipes" where interceptions can occur?  Will the law prohibit encryption of VoIP traffic?  Far more questions than answers, to be sure... all I can say is "stay tuned."

Technorati: CALEA, FCC, FBI, EFF, surveillance, wiretaps, VoIP