[Clips] Does Phil Zimmermann need a clue on VoIP?

[dan at geer.org]

This seems, ah, relevant to today's discussion...

--dan



FCC Requires Certain Broadband and VoIP Providers to Accommodate Wiretaps
Order Strikes Balance Between Law Enforcement, Innovation

Washington, D.C. - Responding to a petition from the Department of 
Justice, the Federal Bureau of Investigation, and the Drug 
Enforcement Agency, the Commission determined that providers of 
certain broadband and interconnected voice over Internet Protocol 
(VoIP) services must be prepared to accommodate law enforcement 
wiretaps, the Federal Communications Commission ruled today.
The Commission found that these services can essentially replace 
conventional telecommunications services currently subject to wiretap 
rules, including circuit-switched voice service and dial-up Internet 
access. As replacements, the new services are covered by the 
Communications Assistance for Law Enforcement Act, or CALEA, which 
requires the Commission to preserve the ability of law enforcement 
agencies to conduct court-ordered wiretaps in the face of 
technological change.

The Order is limited to facilities-based broadband Internet access 
service providers and VoIP providers that offer services permitting 
users to receive calls from, and place calls to, the public switched 
telephone network.  These VoIP providers are called interconnected 
VoIP providers.

The Commission found that the definition of "telecommunications 
carrier" in CALEA is broader than the definition of that term in the 
Communications Act and can encompass providers of services that are 
not classified as telecommunications services under the 
Communications Act.  CALEA contains a provision that authorizes the 
Commission to deem an entity a telecommunications carrier if the 
Commission "finds that such service is a replacement for a 
substantial portion of the local telephone exchange."

Because broadband Internet and interconnected VoIP providers need a 
reasonable amount of time to come into compliance with all relevant 
CALEA requirements, the Commission established a deadline of 18 
months from the effective date of this Order, by which time newly 
covered entities and providers of newly covered services must be in 
full compliance.  The Commission also adopted a Further Notice of 
Proposed Rulemaking that will seek more information about whether 
certain classes or categories of facilities-based broadband Internet 
access providers - notably small and rural providers and providers of 
broadband networks for educational and research institutions - should 
be exempt from CALEA.

The Commission's action is the first critical step to apply CALEA 
obligations to new technologies and services that are increasingly 
used as a substitute for conventional services.  The Order strikes an 
appropriate balance between fostering competitive broadband and 
advanced services deployment and technological innovation on one 
hand, and meeting the needs of the law enforcement community on the 
other.
-- 

---------------------------------------------------------------------
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to majordomo at metzdowd.com