Posted on 03/08/2007 9:26:22 PM PST by The Watcher
Well, it appears that even Freepers don't get what's going on around them, and so I have to start from the beginning.
In the early '90's Law enforcement, specifically, the FBI was increasingly concerned that new physical methods of providing phone service would make wiretapping all but impossible. Congress wrote and passed CALEA - Communications Assistance to Law Enforcement Agencies.
Included with this effort was a considerable amount of money which was specified to be used for programming and other technical needs, to compensate providers of phone services (telco) and equipment makers for the extra work required to add "tappability" into the new digital switching systems. This works for both cellular and landline networks - both are digitally switched in almost identical methods.
CALEA, of course, was written specifically to address phone services, as internet use in 1994 was still sparse and limited to dialup - for the most part, still in the "hobby" stage.
Since CALEA becamse law in 1994, Internet use and communications have grown exponentially. We now have common and mainstream internet based services such as Skype, a whole raft of VOIP service providers, a wide array of communications tools, including encrypted email, peer to peer file sharing, peer to peer voice and even video type communication that doesn't cross a phone network.
Until last year, the FCC and other regulatory agencies followed CALEA as written. Increasingly, the FBI and DOJ required more and more technical expertise to track down and intercept IP (internet protocol - that is, anyhting done on the internet) communications, be it website use, email intercept, etc. According to one source I found, the average cost of a comprehensive internet interception, decription, and monitoring of a subject or subjects, cost between 50 and 100 thousand dollars.
The FCC has consistently maintained that internet service providers are "information services" and not "telecommunications services". The reason is that if your ISP has to be a "telecommunications service", it will enter a world of very strict, expensive, and regulations, taxes, and mandates, where only the largest and most profitable providers will survive.
Since the FCC is the agency which is charge of determining what is, and how to regulate, such services, the DOJ and FBI have pressured the FCC to include ISP's and VOIP providers, and a wide array of other services to be included.
With some clever use of the wording "switched" (which meant teleophone company call routing switching) they (the FCC) have redefined almost all data services to now apply. So, last year, the FCC suddenly reversed itself and has now defined your ISP as a "telecommunications service", but ONLY for purposes of CALEA. This is still contradictory and inconsistent, but for now, that's what they've done.
So, you say, what's the problem?
What if, tomorrow, your state passed a law that said that whenever the police need a car, all they have to do is stop you and demand your car be their cruiser?
Amendment 5 of the Constitution says clearly that private property cannot be taken for public use without compensation.
Yes, the police CAN take your car. But you will be compensated for its taking. This is a basic principle of our society, the one that keeps government in check, where it may not pass off it's debts, or obligations to conduct its business for it onto any convenient target and make them do whatever it wants for it's own purposes or reasons.
We exploded when SCOTUS Ruled that private land can be taken just so some other person can develop it.
We continue to hold that our level of taxation is "confiscatory" beyond reason.
CALEA, as written, did not do this. Properly, it asked industry to do certain things, and then provided the means to compensate those who incurred expenses in becoming compliant.
Now, along comes the FCC, who spinelessly decided to try to "compromise" between the law and the DOJ and FBI demands, and wrote the rules to require a huge array of internet services to ALSO become compliant, but since the law and Congress did not write this into law, and the FCC and DOJ and FBI cannot spend money Congress didn't authorize, so the FCC passed the buck. Instead of refusing and demanding Congress write the proper legislation, they ducked all responsibility, wrote rules that won't stand the sniff test, and without even so much as a vote by Congress, suddenly decided to require a huge array of industries to carry the burden of something the DOJ and FBI want AS A CONVENIENCE.
Instead of fighting back, most ISP's had no idea until a few days or weeks ago there was even anything someone was trying to require of them, much less have the means and time to raise an objection.
If this stands, there's probably no limit to what will be imposed on internet services to provide for the whims of Uncle Sam, and you, and the small business that probably provides your internet will pay the price.
The FCC needs to reverse their decision, the FBI and DOJ need to go back to Congress ,and Congress will have to debate publicly the notion of tapping everyone's internet, and paying your provider to have it all ready to go if the FBI or some other LEA wants it.
This isn't going to happen unless someone starts an organized fight, or a legal challenge. Right now, most of the people who are targets are the least capable of mounting a fight. They are small ISP's who use wireline or wireless technology. They are small companies that have invested everyting they have in a huge array of internet applications, small VOIP providers, and so on who find everything they've done to be wiped out and unusable legally at the stroke of a pen.
This is THE essence of what separates us, what makes this nation the greatest... where nobody can become someone, where opportunity and government whim are not allowed to override the interests of the individual.
Without even debating the merits of internet tapping, or email watching, nor any other snooping done under court order, this misapplication of CALEA needs to come to an end. The question is, who will stand up for the small guy?
I stupid.
Bump.
"Who will stand up for the small guy"?
Perhaps the ACLU?
True.
Another good ani, potlatch.
Thank you gal! Guess what, my electricity bleeped out again today when I was almost done with that in Jason's Animation Shop and I lost it!!
Had to redo it and I had done lots of painting around things. Need to buy that 'battery plug'!!
The "small guy" in this case is the Law Enforcement establishment which is trying to retain its traditional "wiretapping" capability, but is on the verge of being run over roughshod by new technology. Of course, its means of resistance are not inconsiderable, but may be nevertheless futile.
And to learn more from a telecom guy
Communications Assistance for Law Enforcement Act (CALEA): An article ... With Communication Service Providers by George Molczan (Hardcover - May 2005)
I worked with this guy, he is Mr Wiretap for telco types.
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