Feds: VoIP a potential haven for terrorists

[R. A. Hettinga]

VOIP operators: The fifth horsemen of the infocalypse?

Cheers,
RAH
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<http://zdnet.com.com/2102-1105_2-5236233.html?tag=printthis>



Feds: VoIP a potential haven for terrorists
 By  Declan McCullagh
 CNET News.com
 June 16, 2004, 10:54 AM PT
 URL:  http://zdnet.com.com/2100-1105-5236233.html

 WASHINGTON--The U.S. Department of Justice on Wednesday lashed out at
Internet telephony, saying the fast-growing technology could foster "drug
trafficking, organized crime and terrorism."

 Laura Parsky, a deputy assistant attorney general in the Justice
Department, told a Senate panel that law enforcement bodies are deeply
worried about their ability to wiretap conversations that use voice over
Internet Protocol (VoIP) services.


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expanded GUTS section.?"I am here to underscore how very important it is
that this type of telephone service not become a haven for criminals,
terrorists and spies," Parsky said. "Access to telephone service,
regardless of how it is transmitted, is a highly valuable law enforcement
tool."

 Police been able to conduct Internet wiretaps for at least a decade, and
the FBI's controversial Carnivore (also called DCS1000) system was designed
to facilitate online surveillance. But Parsky said that discerning "what
the specific (VoIP) protocols are and how law enforcement can extract just
the specific information" are difficult problems that could be solved by
Congress requiring all VoIP providers to build in backdoors for police
surveillance.

 The Bush administration's request was met with some skepticism from
members of the Senate Commerce committee, who suggested that it was too
soon to impose such weighty regulations on the fledgling VoIP industry.
Such rules already apply to old-fashioned telephone networks, thanks to a
1994 law called the Communications Assistance for Law Enforcement Act
(CALEA).

 "What you need to do is convince us first on a bipartisan basis that
there's a problem here," said Sen. Ron Wyden, D-Ore. "I would like to hear
specific examples of what you can't do now and where the law falls short.
You're looking now for a remedy for a problem that has not been documented."

 Wednesday's hearing was the first to focus on a bill called the VoIP
Regulatory Freedom Act, sponsored by Sen. John Sununu, R-N.H. It would ban
state governments from regulating or taxing VoIP connections. It also says
that VoIP companies that connect to the public telephone network may be
required to follow CALEA rules, which would make it easier for agencies to
wiretap such phone calls.

 The Justice Department's objection to the bill is twofold: Its wording
leaves too much discretion with the Federal Communications Commission,
Parsky argued, and it does not impose wiretapping requirements on
Internet-only VoIP networks that do not touch the existing phone network,
such as Pulver.com's Free World Dialup.

 "It is even more critical today than (when CALEA was enacted in 1994) that
advances in communications technology not provide a haven for criminal
activity and an undetectable means of death and destruction," Parsky said.

 Sen. Frank Lautenberg, D-N.J., wondered if it was too early to order VoIP
firms to be wiretap-friendly by extending CALEA's rules. "Are we premature
in trying to tie all of this down?" he asked. "The technology shift is so
rapid and so vast."

 The Senate's action comes as the FCC considers a request submitted in
March by the FBI. If the request is approved, all broadband Internet
providers--including companies using cable and digital subscriber line
technology--will be required to rewire their networks to support easy
wiretapping by police.

 Wednesday's hearing also touched on which regulations covering 911 and
"universal service" should apply to VoIP providers. The Sununu bill would
require the FCC to levy universal service fees on Internet phone calls,
with the proceeds to be redirected to provide discounted analog phone
service to low-income and rural American households.

 One point of contention was whether states and counties could levy taxes
on VoIP connections to support services such as 911 emergency calling.
Because of that concern, "I would not support the bill as drafted and I
hope we would not mark up legislation at this point," said Sen. Byron
Dorgan, D-N.D.

 Sen. Conrad Burns, R-Mont., added: "The marketplace does not always
provide for critical services such as emergency response, particularly in
rural America. We must give Americans the peace of mind they deserve."

 Some VoIP companies, however, have announced plans to support 911 calling.
In addition, Internet-based phone networks have the potential to offer far
more useful information about people who make an emergency call than analog
systems do.


-- 
-----------------
R. A. Hettinga <mailto: rah at ibuc.com>
The Internet Bearer Underwriting Corporation <http://www.ibuc.com/>
44 Farquhar Street, Boston, MA 02131 USA
"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'

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