Groups fight internet wiretap push
By Kevin Poulsen, SecurityFocus
Published Thursday 23rd December 2004 09:53 GMT
http://www.securityfocus.com/news/10192

Companies and advocacy groups opposed to the FBI's plan to make the internet
more accommodating to covert law enforcement surveillance are sharpening a
new argument against the controversial proposal: that law enforcement's
Internet spying capabilities are just fine as it is.

In comments filed with the FCC Tuesday, advocates with the Center for
Democracy and Technology argue the government hasn't offered any evidence
that law enforcement agencies face obstacles in conducting internet wiretaps
under current regulations - which obligate ISPs and other companies to
cooperate with court-authorized surveillance, but do not force them to
retrofit their networks with special surveillance gear, as the government is
asking.

"In the absence of evidence of any problem, it is impossible for the
Commission to act," wrote CDT, representing a handful of technology
companies, industry associations and advocacy groups, including the Computer
and Communications Industry Association, Dialpad Communications, the
Electronic Frontier Foundation, the Information Technology Association of
America, and others.

At issue is the 1994 Communications Assistance for Law Enforcement Act
(CALEA), a federal law that mandates surveillance backdoors in U.S.
telephone networks, allowing the FBI to start listening in on a target's
phone line within minutes of receiving court approval. In August, the FCC
unanimously gave tentative approval to a proposal by the Department of
Justice, the FBI and the U.S. Drug Enforcement Administration that
interprets CALEA as applying to internet traffic, ruling that cable modem,
broadband over power line, satellite, wireless and other high-speed internet
providers are covered by the law. At the same time the FCC ruled that
"managed" internet telephony providers like Vonage must also become wiretap
friendly.

The FCC opened the matter to public comment, specifically seeking guidance
on some implementation details, including the issue of how much time to
allow service providers to wire their networks for spying. But many of the
flurry of comments that followed challenged the fundamentals of the FCC's
ruling, including the commission's authority to expand CALEA to the internet
in the first place. Reply comments were due this week.

Government lawyers, in comments also filed Tuesday, said U.S. law
enforcement's mission "to protect America and its citizens from terrorists
and other criminals" is threatened by rapidly advancing technology. "CALEA
was intended to enable law enforcement to keep up with these advancements,
and the Commission should ensure that its implementation of CALEA continues
to serve the interests of law enforcement and national security," the filing
reads.

The CDT is asking the FCC to step back from its August ruling, "identify
specific problems, and then craft solutions that respond to actual problems
rather than vague assertions of need."

Copyright � 2004, SecurityFocus logo



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