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Internet Wiretapping Law Rolls Out Starting Monday

by Last Night in Little Rock

On Monday, the FCC's new regulation requiring Internet Service Providers and VoIP services to enable law enforcement to have a backdoor to eavesdrop goes into effect with 18 months to comply, as noted on CNET.com. CNET notes that the final order (pdf) was the result of years of lobbying by the FBI and DEA, altough its justification is terrorism investigations.

The regulation was issued in September as noted here.

The breadth and vagueness of the order concerns many.

Quoting CNET:

The FCC has justified the expansion on the basis of terrorism and homeland security concerns, echoing Bush administration officials who have warned, for example, of the perils of VoIP services in rogue hands.

But even as the order kicks in, it remains unclear exactly what classes of providers within those broad categories must comply with the new rules or what exactly they must do to achieve compliance.

The FCC said in its original order that it reached "no conclusions" about whether universities, research institutions, and small or rural broadband providers should be subject the requirements. It sought comments on that topic through subsequent FCC notice. The deadline for receiving that initial round of suggestions also happens to be Monday.

The order's vagueness has perplexed some groups hoping to submit constructive suggestions. In comments filed last week with the agency, C&W Enterprises, a small broadband provider in rural Western Texas, wrote, "it is difficult to assess what the costs would be for our company or what type of exemption we would advocate without knowing what we will be required to do under the CALEA [Communications Assistance for Law Enforcement Act] rules."

So, "the War on Terror" is used as another excuse to enable the DEA to wiretap internet communications.

And so it goes....

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  • Display: Sort:
    Re: Internet Wiretapping Law Rolls Out Starting Mo (none / 0) (#1)
    by cpinva on Sat Dec 17, 2005 at 01:06:09 PM EST
    sounds like a challenge to me. if an isp can make a backdoor to allow them into my system, i can create a lock to keep them out. i sense a whole new group of internet anti-hackers blossoming here.

    Just for context: This isn't about monitoring the Internet. It's about giving the FBI the same ability to listen to telephone calls made using the Internet that they already have on the traditional telephone network. It's nothing fundamentally new. It's just maintaining existing capabilities. If you weren't opposed to it in the traditional phone network why would you be opposed to it now?

    Allen, You are wrong... This is about law enforcement being able to intercept TCP/IP packets. It doesn't matter if it is voice over IP, someone downloading an mp3, or browsing talkleft.

    cpinva, Unless you have direct access to your ISP's servers, I doubt you are going to be able to "create" a lock to keep them out. The best you can do is make sure that ALL of your Internet communications are encrypted. This way if someone does intercept your Internet traffic, they will be reading a bunch of garbage. It is very difficult to crack encryption, but not impossible.

    You are wrong...
    Perhaps I am, but I doubt it. I do notice that the final order mentions e-mail as well as "voice mail", so maybe... But the final order also points out that the intention is to maintain the capabilities that already exist in the traditional telephone network, including, apparently, the ability to intercept Internet activity from modem signalling. (This is just barely consistent with the wiretapping implementations I'm aware of, including the 1980s Canadian RCMP version. It's certainly not an efficient way to monitor Internet activity.) Tracking someone's Internet activity by dumping every IP packet that enters or leaves a computer isn't efficient. There are easier ways to track a person's Internet activity already. Simply put, I doubt that the FBI would have pushed this if not for VoIP. On the other hand, I wasn't convinced by the FBI argument that they were simply trying to maintain existing wiretapping capabilities on new digital technology back when the original CALEA proposal was put forth. (That was the time when this could have been stopped.) But I have a cynical attitude about private communications on public networks, sometimes. If you really need privacy, use encryption. If you can't be bothered to use encryption, don't complain when someone else hears your conversation (cynically speaking).

    Re: Internet Wiretapping Law Rolls Out Starting Mo (none / 0) (#6)
    by cpinva on Sat Dec 17, 2005 at 01:06:10 PM EST
    this is very different. last time i checked, they don't have the authority to tap your tv cable, never have. frankly, i never have liked it, so i don't like it still. if isp servers were all that hard to crack, credit card companies and DoD wouldn't routinely have their data spilled out into the internet. there's no such thing as a completely secure server or system, and likely never will be.

    Re: Internet Wiretapping Law Rolls Out Starting Mo (none / 0) (#7)
    by cpinva on Sat Dec 17, 2005 at 01:06:10 PM EST
    oh, and the patriot act isn't about monitoring your library activity. and yet, it is.

    they don't have the authority to tap your tv cable, never have.
    But they've had the authority to tap your phone calls since the 1940s, I believe. The point of CALEA is to make that authority, in geek speak, technology independent. But the fact is, the tap will be in the network, where the actual access technology won't matter. I'm not bothered by the idea of some massive government monitoring of the Internet because they don't need this for that. They already have that ability. They need this for voice. I'm sure they'll extend it to instant messaging and other interactive, real-time communications. But they can already track my web-browsing, downloading, emailing and similar activities.

    Re: Internet Wiretapping Law Rolls Out Starting Mo (none / 0) (#9)
    by kdog on Sat Dec 17, 2005 at 01:06:10 PM EST
    Domestic spying is bad for democracy. Who listens to the listeners?

    First they came for the Jews and I did not speak out because I was not a Jew...