FCC Issues Rule Allowing FBI to Dictate Wiretap-Friendly Design for Internet
Services
http://www.eff.org/news/archives/2005_08.php#003876

Tech Mandates Force Companies to Build Backdoors into Broadband, VoIP

Washington, DC - Today the Federal Communications Commission (FCC) issued a
release announcing its new rule expanding the reach of the Communications
Assistance to Law Enforcement Act (CALEA). The ruling is a reinterpretation
of the scope of CALEA and will force Internet broadband providers and
certain voice-over-IP (VoIP) providers to build backdoors into their
networks that make it easier for law enforcement to wiretap them. The
Electronic Frontier Foundation (EFF) has argued against this expansion of
CALEA in several rounds of comments to the FCC on its proposed rule.

CALEA, a law passed in the early 1990s, mandated that all telephone
providers build tappability into their networks, but expressly ruled out
information services like broadband. Under the new ruling from the FCC, this
tappability now extends to Internet broadband providers as well.

Practically, what this means is that the government will be asking broadband
providers - as well as companies that manufacture devices used for broadband
communications ­ to build insecure backdoors into their networks, imperiling
the privacy and security of citizens on the Internet. It also hobbles
technical innovation by forcing companies involved in broadband to redesign
their products to meet government requirements.

"Expanding CALEA to the Internet is contrary to the statute and is a
fundamentally flawed public policy," said Kurt Opsahl, EFF staff attorney.
"This misguided tech mandate endangers the privacy of innocent people,
stifles innovation and risks the functionality of the Internet as a forum
for free and open expression."

At the same time, the Department of Justice (DOJ) is asking airlines to
build similar backdoors into the phone and data networks on airplanes. EFF
and the Center for Democracy and Technology (CDT) submitted joint comments
to the FCC arguing against the DOJ's unprecedented and sweeping new
technology design mandates and anticipatory wiretapping system.

The FCC's new proposal to expand CALEA to airline broadband illustrates the
fallacy of law enforcement's rationale for its CALEA request. The DOJ takes
the position that broadband has "substantially replaced" the local telephone
exchange, but this claim is reduced to the point of absurdity aboard an
airplane and opens the door for CALEA to cover just about anything.

Contact:

Kurt Opsahl
Staff Attorney
Electronic Frontier Foundation
[EMAIL PROTECTED]



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