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1 Court Sides With White House on Wiretaps
AP ^ | 6/9/6 | Pete Yost

Posted on 06/09/2006 1:01:36 PM PDT by SmithL

WASHINGTON, (AP) --

A divided federal appeals court Friday sided with the Bush administration over rules that make it easier for police and the FBI to wiretap Internet phone calls.

In a 2-1 ruling, the court said the Federal Communications was correct when it decided that providers of Internet phone service and broadband services have legal obligations similar to those of telephone companies.

The FCC was responding to Justice Department complaints that companies must ensure their equipment using new technologies can accommodate police wiretaps under the 1994 Communications Assistance for Law Enforcement Act, known as CALEA.

"We cannot set aside the commission's reasonable interpretation of the act in favor of an alternatively plausible or an even better one," wrote appeals court judge David Sentelle.

Judge Harry Edwards said the law contains an exemption for information services and that the FCC "has altogether gutted" it.

In determining that broadband Internet providers are subject to the act just as telecommunications carriers are, the FCC "apparently forgot to read the words of the statute," Edwards wrote in dissent.

(Excerpt) Read more at sfgate.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events; Politics/Elections; War on Terror
KEYWORDS: leo; privacy; wiretaps; wod

1 posted on 06/09/2006 1:01:38 PM PDT by SmithL
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To: SmithL
1994 Communications Assistance for Law Enforcement Act, known as CALEA.

Did the Dems who supported and voted for this develop amnesia? Or are they just gonna blame their votes and Toon's approval on pods in their cellars?

2 posted on 06/09/2006 1:04:06 PM PDT by mewzilla (Property must be secured or liberty cannot exist. John Adams)
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To: SmithL
A divided federal appeals court Friday sided with the Bush administration...

Why not "deeply divided?" Or "bitterly divided?" Come on, AP... lose your style book?

3 posted on 06/09/2006 1:04:16 PM PDT by Steely Tom
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To: SmithL

Yawn, some minor technical impact to VOIP providers, possibly some financial burden as well. As to actually being effective in monitoring calls or wire taps for people who wish to keep their conversations private by implementing encryption.... worthless.


4 posted on 06/09/2006 1:11:04 PM PDT by taxcontrol
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To: mewzilla

The Dems have Institutional Amnesia on every front in the War on Terror.


5 posted on 06/09/2006 1:23:02 PM PDT by massgopguy (massgopguy)
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To: taxcontrol
Skype and other options will still be there.

You can't disallow encryption or require keys for everything.
6 posted on 06/09/2006 1:28:29 PM PDT by ConservativeMind
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To: ConservativeMind

Yes, very true.

This is one of those times (it's cyclic) when the ability to obscure is far easier to implement than the ability to decode. For a long time, it has been possible with special equipment, to prevent a wiretap from being able actually listen in on a conversation. However, until the PC and person to person communications, it has not been very effective. Now, with technology where it is today, there is very little that can be done against the determined person who wishes to keep their conversations private.


7 posted on 06/09/2006 2:16:38 PM PDT by taxcontrol
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To: Steely Tom
Why not "deeply divided?" Or "bitterly divided?" Come on, AP... lose your style book?

Well a 2/3 vote is good enough for a constitutional amendment, but divided when it's a court ruling. I love it.

8 posted on 06/09/2006 2:52:47 PM PDT by w1andsodidwe
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To: Steely Tom

That was a bitter pill for the AP to swallow.


9 posted on 06/09/2006 4:16:57 PM PDT by conservative blonde (Conservative Blonde)
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To: mewzilla
Did the Dems who supported and voted for this develop amnesia?

If I recall correctly, in 1994, the Democrats controlled the White House, the Seante,a nd the House of Representatives. Must be Bush's fault!

10 posted on 06/09/2006 4:20:05 PM PDT by Cowboy Bob (Liberalism in a parasite that ALWAYS kills its host.)
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To: Steely Tom

It's wierd, the Pete Yost column posted here,

http://www.breitbart.com/news/2006/06/09/D8I50QE80.html
doesn't have the "divided court" line.

Who's editing who, and why?


11 posted on 06/10/2006 7:12:55 AM PDT by YaYa123
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To: Wolfie

When is an information service not an information service? Answer: when the US Government wants to wiretap it.


12 posted on 06/11/2006 1:32:42 AM PDT by The Red Zone
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