Re: [WISPA] CALEA Question

2007-05-07 Thread Ross Cornett
We use a DLINK hotspot router that emails me every connect and disconnect 
from our hotels.  The FBI could take that log and compare it to room number 
and date of stay and they can find their man that way... FYI



- Original Message - 
From: Marlon K. Schafer (509) 982-2181 [EMAIL PROTECTED]

To: WISPA General List wireless@wispa.org
Sent: Friday, May 04, 2007 12:57 PM
Subject: Re: [WISPA] CALEA Question



There will likely be cases where that's impossible.

Lets say that I have a customer that's a hotel.  They, at first, only know 
the ip addy or mac addy.  A subpoena comes to me looking for info on the 
user in question.  There's no way to use the hotel's Linksys hardware to 
do the tap to find the specific think that LEA is looking for.  Can't 
change the network because any action on our side tips off the suspect.


In some cases it won't be possible to filter out all info.  Especially if 
we don't know what we're looking for (which we won't and shouldn't) as far 
as specific data goes.


I talked to the head of the FBI's CALEA group for about an hour again 
yesterday.  They know full well that there are just some things that can't 
be done.  At the end of the day, the just need our help when and where we 
can give it to them.  There are far too many possibilities to deal with 
every single possible situation, we know that, they know that.


As long as we make a real effort to help I don't think we have to worry 
about getting in trouble.  It's those that thumb their noses that will run 
enforcement risks.


I was told that there has NEVER been an enforcement issue occur.

laters,
Marlon
(509) 982-2181
(408) 907-6910 (Vonage)Consulting services
42846865 (icq)WISP Operator since 
1999!

[EMAIL PROTECTED]
www.odessaoffice.com/wireless
www.odessaoffice.com/marlon/cam



- Original Message - 
From: Dawn DiPietro [EMAIL PROTECTED]

To: WISPA General List wireless@wispa.org
Sent: Friday, May 04, 2007 3:48 AM
Subject: Re: [WISPA] CALEA Question



Marlon,

I was under the impression the providers are only supposed to send the 
LEA the data covered in the subpoena and no more.


Regards,
Dawn DiPietro


Marlon K. Schafer wrote:
Read the FAQ.  In some cases they may have to sort through ALL data to 
get at what they want.

marlon

- Original Message - From: Tom DeReggi 
[EMAIL PROTECTED]

To: WISPA General List wireless@wispa.org
Sent: Thursday, May 03, 2007 9:12 AM
Subject: Re: [WISPA] CALEA Question



In my opinion, I don;t think it will fly because of NAT.
The law inforcement agrency needs to be able to differenciate what 
customer traffic is comming from, and if you use NAT for any of your 
customers, the facilities based upstream provider would have no way to 
identify the end user, and the WISP would become the customer and be 
liable. To many degrees of seperation at the upstream for the captured 
data to be meaningful.


Tom DeReggi
RapidDSL  Wireless, Inc
IntAirNet- Fixed Wireless Broadband


- Original Message - From: David E. Smith [EMAIL PROTECTED]
To: WISPA General List wireless@wispa.org
Sent: Wednesday, May 02, 2007 11:27 PM
Subject: Re: [WISPA] CALEA Question



The FCC wrote:

we conclude that establishments that
acquire broadband Internet access service from a facilities-based
provider to enable their patrons or customers to access the Internet
from their respective establishments are not considered 
facilities-based

broadband Internet access service providers

Hm.

It'd be one heckuva stretch, but by reading the letter (as opposed to 
the spirit) of that paragraph, many smaller WISPs would automatically 
be exempt. I know my office has acquired broadband Internet access 
service from a facilities-based provider (our upstream ISP) and we're 
enabling our customers to access the Internet from their respective 
establishments (i.e. our customers pay for Internet at their homes or 
offices).


By the letter of that paragraph (and, to be fair, I haven't read all 
the context surrounding it) most any single-homed WISP would be 
exempt, as they could just say go talk to our upstream. (I doubt 
it'd work for multi-homed ISPs, as that would require multiple 
upstreams to be tapped and somehow synchronized, which is probably 
technically annoying.)


David Smith
MVN.net
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Re: [WISPA] CALEA Question

2007-05-07 Thread Lonnie Nunweiler

I don't think this is covered anyway, unless the guy is a permanent
resident at the hotel.  The subpoena will cover the suspect and any
known IP or MAC info and I believe would cover a particular physical
location.

I was told that a subpoena cannot simply say anything, anywhere.  It
has to get fairly specific, and traffic from a Motel is not very
specific.

Lonnie

On 5/4/07, Marlon K. Schafer (509) 982-2181 [EMAIL PROTECTED] wrote:

There will likely be cases where that's impossible.

Lets say that I have a customer that's a hotel.  They, at first, only know
the ip addy or mac addy.  A subpoena comes to me looking for info on the
user in question.  There's no way to use the hotel's Linksys hardware to do
the tap to find the specific think that LEA is looking for.  Can't change
the network because any action on our side tips off the suspect.

In some cases it won't be possible to filter out all info.  Especially if we
don't know what we're looking for (which we won't and shouldn't) as far as
specific data goes.

I talked to the head of the FBI's CALEA group for about an hour again
yesterday.  They know full well that there are just some things that can't
be done.  At the end of the day, the just need our help when and where we
can give it to them.  There are far too many possibilities to deal with
every single possible situation, we know that, they know that.

As long as we make a real effort to help I don't think we have to worry
about getting in trouble.  It's those that thumb their noses that will run
enforcement risks.

I was told that there has NEVER been an enforcement issue occur.

laters,
Marlon
(509) 982-2181
(408) 907-6910 (Vonage)Consulting services
42846865 (icq)WISP Operator since 1999!
[EMAIL PROTECTED]
www.odessaoffice.com/wireless
www.odessaoffice.com/marlon/cam



- Original Message -
From: Dawn DiPietro [EMAIL PROTECTED]
To: WISPA General List wireless@wispa.org
Sent: Friday, May 04, 2007 3:48 AM
Subject: Re: [WISPA] CALEA Question


 Marlon,

 I was under the impression the providers are only supposed to send the LEA
 the data covered in the subpoena and no more.

 Regards,
 Dawn DiPietro


 Marlon K. Schafer wrote:
 Read the FAQ.  In some cases they may have to sort through ALL data to
 get at what they want.
 marlon

 - Original Message - From: Tom DeReggi
 [EMAIL PROTECTED]
 To: WISPA General List wireless@wispa.org
 Sent: Thursday, May 03, 2007 9:12 AM
 Subject: Re: [WISPA] CALEA Question


 In my opinion, I don;t think it will fly because of NAT.
 The law inforcement agrency needs to be able to differenciate what
 customer traffic is comming from, and if you use NAT for any of your
 customers, the facilities based upstream provider would have no way to
 identify the end user, and the WISP would become the customer and be
 liable. To many degrees of seperation at the upstream for the captured
 data to be meaningful.

 Tom DeReggi
 RapidDSL  Wireless, Inc
 IntAirNet- Fixed Wireless Broadband


 - Original Message - From: David E. Smith [EMAIL PROTECTED]
 To: WISPA General List wireless@wispa.org
 Sent: Wednesday, May 02, 2007 11:27 PM
 Subject: Re: [WISPA] CALEA Question


 The FCC wrote:
 we conclude that establishments that
 acquire broadband Internet access service from a facilities-based
 provider to enable their patrons or customers to access the Internet
 from their respective establishments are not considered
 facilities-based
 broadband Internet access service providers
 Hm.

 It'd be one heckuva stretch, but by reading the letter (as opposed to
 the spirit) of that paragraph, many smaller WISPs would automatically
 be exempt. I know my office has acquired broadband Internet access
 service from a facilities-based provider (our upstream ISP) and we're
 enabling our customers to access the Internet from their respective
 establishments (i.e. our customers pay for Internet at their homes or
 offices).

 By the letter of that paragraph (and, to be fair, I haven't read all
 the context surrounding it) most any single-homed WISP would be exempt,
 as they could just say go talk to our upstream. (I doubt it'd work
 for multi-homed ISPs, as that would require multiple upstreams to be
 tapped and somehow synchronized, which is probably technically
 annoying.)

 David Smith
 MVN.net
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Re: [WISPA] CALEA Question

2007-05-04 Thread Dawn DiPietro

Marlon,

I was under the impression the providers are only supposed to send the 
LEA the data covered in the subpoena and no more.


Regards,
Dawn DiPietro


Marlon K. Schafer wrote:
Read the FAQ.  In some cases they may have to sort through ALL data to 
get at what they want.

marlon

- Original Message - From: Tom DeReggi 
[EMAIL PROTECTED]

To: WISPA General List wireless@wispa.org
Sent: Thursday, May 03, 2007 9:12 AM
Subject: Re: [WISPA] CALEA Question



In my opinion, I don;t think it will fly because of NAT.
The law inforcement agrency needs to be able to differenciate what 
customer traffic is comming from, and if you use NAT for any of your 
customers, the facilities based upstream provider would have no way 
to identify the end user, and the WISP would become the customer and 
be liable. To many degrees of seperation at the upstream for the 
captured data to be meaningful.


Tom DeReggi
RapidDSL  Wireless, Inc
IntAirNet- Fixed Wireless Broadband


- Original Message - From: David E. Smith [EMAIL PROTECTED]
To: WISPA General List wireless@wispa.org
Sent: Wednesday, May 02, 2007 11:27 PM
Subject: Re: [WISPA] CALEA Question



The FCC wrote:

we conclude that establishments that
acquire broadband Internet access service from a facilities-based
provider to enable their patrons or customers to access the Internet
from their respective establishments are not considered 
facilities-based

broadband Internet access service providers

Hm.

It'd be one heckuva stretch, but by reading the letter (as opposed 
to the spirit) of that paragraph, many smaller WISPs would 
automatically be exempt. I know my office has acquired broadband 
Internet access service from a facilities-based provider (our 
upstream ISP) and we're enabling our customers to access the 
Internet from their respective establishments (i.e. our customers 
pay for Internet at their homes or offices).


By the letter of that paragraph (and, to be fair, I haven't read all 
the context surrounding it) most any single-homed WISP would be 
exempt, as they could just say go talk to our upstream. (I doubt 
it'd work for multi-homed ISPs, as that would require multiple 
upstreams to be tapped and somehow synchronized, which is probably 
technically annoying.)


David Smith
MVN.net
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Re: [WISPA] CALEA Question

2007-05-04 Thread Marlon K. Schafer (509) 982-2181

There will likely be cases where that's impossible.

Lets say that I have a customer that's a hotel.  They, at first, only know 
the ip addy or mac addy.  A subpoena comes to me looking for info on the 
user in question.  There's no way to use the hotel's Linksys hardware to do 
the tap to find the specific think that LEA is looking for.  Can't change 
the network because any action on our side tips off the suspect.


In some cases it won't be possible to filter out all info.  Especially if we 
don't know what we're looking for (which we won't and shouldn't) as far as 
specific data goes.


I talked to the head of the FBI's CALEA group for about an hour again 
yesterday.  They know full well that there are just some things that can't 
be done.  At the end of the day, the just need our help when and where we 
can give it to them.  There are far too many possibilities to deal with 
every single possible situation, we know that, they know that.


As long as we make a real effort to help I don't think we have to worry 
about getting in trouble.  It's those that thumb their noses that will run 
enforcement risks.


I was told that there has NEVER been an enforcement issue occur.

laters,
Marlon
(509) 982-2181
(408) 907-6910 (Vonage)Consulting services
42846865 (icq)WISP Operator since 1999!
[EMAIL PROTECTED]
www.odessaoffice.com/wireless
www.odessaoffice.com/marlon/cam



- Original Message - 
From: Dawn DiPietro [EMAIL PROTECTED]

To: WISPA General List wireless@wispa.org
Sent: Friday, May 04, 2007 3:48 AM
Subject: Re: [WISPA] CALEA Question



Marlon,

I was under the impression the providers are only supposed to send the LEA 
the data covered in the subpoena and no more.


Regards,
Dawn DiPietro


Marlon K. Schafer wrote:
Read the FAQ.  In some cases they may have to sort through ALL data to 
get at what they want.

marlon

- Original Message - From: Tom DeReggi 
[EMAIL PROTECTED]

To: WISPA General List wireless@wispa.org
Sent: Thursday, May 03, 2007 9:12 AM
Subject: Re: [WISPA] CALEA Question



In my opinion, I don;t think it will fly because of NAT.
The law inforcement agrency needs to be able to differenciate what 
customer traffic is comming from, and if you use NAT for any of your 
customers, the facilities based upstream provider would have no way to 
identify the end user, and the WISP would become the customer and be 
liable. To many degrees of seperation at the upstream for the captured 
data to be meaningful.


Tom DeReggi
RapidDSL  Wireless, Inc
IntAirNet- Fixed Wireless Broadband


- Original Message - From: David E. Smith [EMAIL PROTECTED]
To: WISPA General List wireless@wispa.org
Sent: Wednesday, May 02, 2007 11:27 PM
Subject: Re: [WISPA] CALEA Question



The FCC wrote:

we conclude that establishments that
acquire broadband Internet access service from a facilities-based
provider to enable their patrons or customers to access the Internet
from their respective establishments are not considered 
facilities-based

broadband Internet access service providers

Hm.

It'd be one heckuva stretch, but by reading the letter (as opposed to 
the spirit) of that paragraph, many smaller WISPs would automatically 
be exempt. I know my office has acquired broadband Internet access 
service from a facilities-based provider (our upstream ISP) and we're 
enabling our customers to access the Internet from their respective 
establishments (i.e. our customers pay for Internet at their homes or 
offices).


By the letter of that paragraph (and, to be fair, I haven't read all 
the context surrounding it) most any single-homed WISP would be exempt, 
as they could just say go talk to our upstream. (I doubt it'd work 
for multi-homed ISPs, as that would require multiple upstreams to be 
tapped and somehow synchronized, which is probably technically 
annoying.)


David Smith
MVN.net
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Re: [WISPA] CALEA Question

2007-05-03 Thread Peter R.

Tim Kery wrote:


Examples of these types of establishments may include some hotels,
coffee shops, schools, libraries, or book stores. DOJ has stated that it
has no desire to require such retail establishments to implement CALEA
solutions, DOJ Comments at 36, and we conclude that the public interest
at this time does not weigh in favor of subjecting such establishments
to CALEA.

So, Starbucks doesn't need to comply with CALEA but the service provider
that provides bandwidth to Starbucks does.

Hope this helps.

Tim Kery
BearHill Security, Inc.
[EMAIL PROTECTED]
 


Starbucks doesn't, but T-Mobile, the actual ISP does.
Joe's Cup-a-Joe does have to , but the ISP providing the service does.
SOME schools don't have to be because it is defined as a private network (see 
the ACE PDF on exemptions here: www.rad-info.net/fcc/ACE_CALEA_sum.pdf)

Commercial offering of Internet access means you need to be compliant.

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Re: [WISPA] CALEA Question

2007-05-03 Thread Peter R.

David E. Smith wrote:


The FCC wrote:


we conclude that establishments that
acquire broadband Internet access service from a facilities-based
provider to enable their patrons or customers to access the Internet
from their respective establishments are not considered facilities-based
broadband Internet access service providers


Hm.

It'd be one heckuva stretch, but by reading the letter (as opposed to 
the spirit) of that paragraph, many smaller WISPs would automatically 
be exempt. I know my office has acquired broadband Internet access 
service from a facilities-based provider (our upstream ISP) and we're 
enabling our customers to access the Internet from their respective 
establishments (i.e. our customers pay for Internet at their homes or 
offices).


By the letter of that paragraph (and, to be fair, I haven't read all 
the context surrounding it) most any single-homed WISP would be 
exempt, as they could just say go talk to our upstream. (I doubt 
it'd work for multi-homed ISPs, as that would require multiple 
upstreams to be tapped and somehow synchronized, which is probably 
technically annoying.)


David Smith
MVN.net


Why not check with a knowledgeable legal professional instead of guessing?

Susan Crawford, Kris Twomey, Chris Savage, Jim Baller, and the offices 
of Cole, Raywid  Braverman have written opinions that if you operate a 
router or switch and commercially sell internet, you must be CALEA 
compliant.


Now you can choose to ignore it, and say a prayer daily that Barney Fife 
or any other LEA officer does not knock on your door, but the ISP's who 
will see the most warrants are Residential ISP's. (Not much child porn 
or terrorrism happening at the work place). So, roll the dice.


Call an attorney for advice Or get on the call with Chris Savage of DWT 
on May 9.


--


Regards,

Peter Radizeski
RAD-INFO, Inc. - NSP Strategist
We Help ISPs Connect  Communicate
813.963.5884 
http://www.marketingIDEAguy.com



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Re: [WISPA] CALEA Question

2007-05-03 Thread David E. Smith
Peter R. wrote:

 Why not check with a knowledgeable legal professional instead of guessing?

That'd be my boss's department. :D

I'm just a pundit - full of opinions and hot air.

 Now you can choose to ignore it, and say a prayer daily that Barney Fife
 or any other LEA officer does not knock on your door

I'd encourage Barney Fife to knock on my door, I wouldn't mind having
his autograph. Remember him from Three's Company?

Edit: Apparently Don Knotts died last year. Now I'm sad. :(

David Smith
MVN.net
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Re: [WISPA] CALEA Question

2007-05-03 Thread Ross Cornett
I give up I just signed a contract to ensure my protection under CALEA. My 
hope is tht those that become compliant do not get underminded by those that 
have hidden in the bushes and took the risk upon themselves by not becoming 
compliant.


It appears that it is time to start charging a homeland security fee. 
Since we cannot authorize taxes, we can charge fees that will allow us to 
mange these cost.  By my figures, I will have to charge at least $1.53 per 
month per customer.  Since this doens't include dialup customers, my 
broadband customers will have to incurr this burden alone.


What are you thougths on this.


- Original Message - 
From: David E. Smith [EMAIL PROTECTED]

To: WISPA General List wireless@wispa.org
Sent: Thursday, May 03, 2007 10:42 AM
Subject: Re: [WISPA] CALEA Question



Peter R. wrote:

Why not check with a knowledgeable legal professional instead of 
guessing?


That'd be my boss's department. :D

I'm just a pundit - full of opinions and hot air.


Now you can choose to ignore it, and say a prayer daily that Barney Fife
or any other LEA officer does not knock on your door


I'd encourage Barney Fife to knock on my door, I wouldn't mind having
his autograph. Remember him from Three's Company?

Edit: Apparently Don Knotts died last year. Now I'm sad. :(

David Smith
MVN.net
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Re: [WISPA] CALEA Question

2007-05-03 Thread Tom DeReggi

In my opinion, I don;t think it will fly because of NAT.
The law inforcement agrency needs to be able to differenciate what customer 
traffic is comming from, and if you use NAT for any of your customers, the 
facilities based upstream provider would have no way to identify the end 
user, and the WISP would become the customer and be liable. To many degrees 
of seperation at the upstream for the captured data to be meaningful.


Tom DeReggi
RapidDSL  Wireless, Inc
IntAirNet- Fixed Wireless Broadband


- Original Message - 
From: David E. Smith [EMAIL PROTECTED]

To: WISPA General List wireless@wispa.org
Sent: Wednesday, May 02, 2007 11:27 PM
Subject: Re: [WISPA] CALEA Question



The FCC wrote:

we conclude that establishments that
acquire broadband Internet access service from a facilities-based
provider to enable their patrons or customers to access the Internet
from their respective establishments are not considered facilities-based
broadband Internet access service providers

Hm.

It'd be one heckuva stretch, but by reading the letter (as opposed to the 
spirit) of that paragraph, many smaller WISPs would automatically be 
exempt. I know my office has acquired broadband Internet access service 
from a facilities-based provider (our upstream ISP) and we're enabling 
our customers to access the Internet from their respective establishments 
(i.e. our customers pay for Internet at their homes or offices).


By the letter of that paragraph (and, to be fair, I haven't read all the 
context surrounding it) most any single-homed WISP would be exempt, as 
they could just say go talk to our upstream. (I doubt it'd work for 
multi-homed ISPs, as that would require multiple upstreams to be tapped 
and somehow synchronized, which is probably technically annoying.)


David Smith
MVN.net
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Re: [WISPA] CALEA Question ... fees

2007-05-03 Thread Peter R.

Ross Cornett wrote:

I give up I just signed a contract to ensure my protection under 
CALEA. My hope is tht those that become compliant do not get 
underminded by those that have hidden in the bushes and took the risk 
upon themselves by not becoming compliant.


It appears that it is time to start charging a homeland security fee. 
Since we cannot authorize taxes, we can charge fees that will allow us 
to mange these cost.  By my figures, I will have to charge at least 
$1.53 per month per customer.  Since this doens't include dialup 
customers, my broadband customers will have to incurr this burden alone.


What are you thougths on this.


Design a web page to explain the fee clearly and concisely.

Point all questions about CALEA to the FCC or FBI.

Emphasize it is a law; it is for homeland security; it is about child porn and 
terrorism - and it is to protect you.
All providers must follow these rules.

- Peter

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Re: [WISPA] CALEA Question

2007-05-03 Thread John Scrivner
I think you better just take a rate increase and chalk it up to 
increased expenses all the way around as opposed to creating a CALEA 
charge line item. Adding a fee as a line item could get you in trouble 
with the FTC if not approved as a legitimate added government fee (just 
my opinion, nothing to base this on other than my gut). Your fuel and 
electricity have jumped considerably I am sure. I am considering a rate 
increase over these added costs also. I see no way around it. I have 
never raised my rates in 10 years. Times are changing I am afraid.

Scriv


Ross Cornett wrote:

I give up I just signed a contract to ensure my protection under 
CALEA. My hope is tht those that become compliant do not get 
underminded by those that have hidden in the bushes and took the risk 
upon themselves by not becoming compliant.


It appears that it is time to start charging a homeland security fee. 
Since we cannot authorize taxes, we can charge fees that will allow us 
to mange these cost.  By my figures, I will have to charge at least 
$1.53 per month per customer.  Since this doens't include dialup 
customers, my broadband customers will have to incurr this burden alone.


What are you thougths on this.


- Original Message - From: David E. Smith [EMAIL PROTECTED]
To: WISPA General List wireless@wispa.org
Sent: Thursday, May 03, 2007 10:42 AM
Subject: Re: [WISPA] CALEA Question



Peter R. wrote:

Why not check with a knowledgeable legal professional instead of 
guessing?



That'd be my boss's department. :D

I'm just a pundit - full of opinions and hot air.

Now you can choose to ignore it, and say a prayer daily that Barney 
Fife

or any other LEA officer does not knock on your door



I'd encourage Barney Fife to knock on my door, I wouldn't mind having
his autograph. Remember him from Three's Company?

Edit: Apparently Don Knotts died last year. Now I'm sad. :(

David Smith
MVN.net
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RE: [WISPA] CALEA Question

2007-05-03 Thread Cliff Leboeuf
A few years ago, I added a line item to my invoices as follows...
Surcharge for Bellsouth, FCC and other regulatory compliance fees and
costs.

This added fee is based on what I think it cost me to comply with
reporting to the FCC, licensed links, and 'hidden' fees that the phone
company itemizes inexcess of the actual circuit costs.

This is no different than airlines and trucking companies adding 'fuel
surcharges' and the quick lube business charging me an 'environmental
disposal fee' when I have my oil changed.

I added $2.97 per month, at the time it was the same that Bellsouth was
charging for the USF on their 'itemized invoices.' I didn't loose one
customer, but did have to explain the reason to two and they completely
understood. That additional $3 for each DSL and wireless user was worth
those two explinations. I don't charge the fee for hosting or dialup
plans.

There is nothing wrong raising your prices to be competitive with the
'big boys!' :)

Cliff


-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of John Scrivner
Sent: Thursday, May 03, 2007 2:46 PM
To: WISPA General List
Subject: Re: [WISPA] CALEA Question

I think you better just take a rate increase and chalk it up to 
increased expenses all the way around as opposed to creating a CALEA 
charge line item. Adding a fee as a line item could get you in trouble 
with the FTC if not approved as a legitimate added government fee (just 
my opinion, nothing to base this on other than my gut). Your fuel and 
electricity have jumped considerably I am sure. I am considering a rate 
increase over these added costs also. I see no way around it. I have 
never raised my rates in 10 years. Times are changing I am afraid.
Scriv


Ross Cornett wrote:

 I give up I just signed a contract to ensure my protection under 
 CALEA. My hope is tht those that become compliant do not get 
 underminded by those that have hidden in the bushes and took the risk 
 upon themselves by not becoming compliant.

 It appears that it is time to start charging a homeland security fee. 
 Since we cannot authorize taxes, we can charge fees that will allow us

 to mange these cost.  By my figures, I will have to charge at least 
 $1.53 per month per customer.  Since this doens't include dialup 
 customers, my broadband customers will have to incurr this burden
alone.

 What are you thougths on this.


 - Original Message - From: David E. Smith [EMAIL PROTECTED]
 To: WISPA General List wireless@wispa.org
 Sent: Thursday, May 03, 2007 10:42 AM
 Subject: Re: [WISPA] CALEA Question


 Peter R. wrote:

 Why not check with a knowledgeable legal professional instead of 
 guessing?


 That'd be my boss's department. :D

 I'm just a pundit - full of opinions and hot air.

 Now you can choose to ignore it, and say a prayer daily that Barney 
 Fife
 or any other LEA officer does not knock on your door


 I'd encourage Barney Fife to knock on my door, I wouldn't mind having
 his autograph. Remember him from Three's Company?

 Edit: Apparently Don Knotts died last year. Now I'm sad. :(

 David Smith
 MVN.net
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BEGIN:VCARD
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Re: [WISPA] CALEA Question

2007-05-03 Thread Ross Cornett

Sounds good thanks Sriv.


- Original Message - 
From: John Scrivner [EMAIL PROTECTED]

To: WISPA General List wireless@wispa.org
Sent: Thursday, May 03, 2007 2:46 PM
Subject: Re: [WISPA] CALEA Question


I think you better just take a rate increase and chalk it up to 
increased expenses all the way around as opposed to creating a CALEA 
charge line item. Adding a fee as a line item could get you in trouble 
with the FTC if not approved as a legitimate added government fee (just 
my opinion, nothing to base this on other than my gut). Your fuel and 
electricity have jumped considerably I am sure. I am considering a rate 
increase over these added costs also. I see no way around it. I have 
never raised my rates in 10 years. Times are changing I am afraid.

Scriv


Ross Cornett wrote:

I give up I just signed a contract to ensure my protection under 
CALEA. My hope is tht those that become compliant do not get 
underminded by those that have hidden in the bushes and took the risk 
upon themselves by not becoming compliant.


It appears that it is time to start charging a homeland security fee. 
Since we cannot authorize taxes, we can charge fees that will allow us 
to mange these cost.  By my figures, I will have to charge at least 
$1.53 per month per customer.  Since this doens't include dialup 
customers, my broadband customers will have to incurr this burden alone.


What are you thougths on this.


- Original Message - From: David E. Smith [EMAIL PROTECTED]
To: WISPA General List wireless@wispa.org
Sent: Thursday, May 03, 2007 10:42 AM
Subject: Re: [WISPA] CALEA Question



Peter R. wrote:

Why not check with a knowledgeable legal professional instead of 
guessing?



That'd be my boss's department. :D

I'm just a pundit - full of opinions and hot air.

Now you can choose to ignore it, and say a prayer daily that Barney 
Fife

or any other LEA officer does not knock on your door



I'd encourage Barney Fife to knock on my door, I wouldn't mind having
his autograph. Remember him from Three's Company?

Edit: Apparently Don Knotts died last year. Now I'm sad. :(

David Smith
MVN.net
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Re: [WISPA] CALEA Question

2007-05-03 Thread Marlon K. Schafer
If you decide to take advantage of companies that have solutions in place, 
you'll have to do what you have to do.


Know, however, that you do NOT have to follow anyone's standard!  You just 
have to be able to give the LEA the data they MAY ask for.


I've rounded up folks that know how to get the stream off of my routers and 
folks that know how to program the server to store the data till LEA can 
download it.


I have to pick up a managed switch or two but other than that, I'll cross my 
fingers and hope that I don't have to spend money complying till the WISPA 
effort is approved.


marlon

- Original Message - 
From: Ross Cornett [EMAIL PROTECTED]

To: WISPA General List wireless@wispa.org
Sent: Thursday, May 03, 2007 8:52 AM
Subject: Re: [WISPA] CALEA Question


I give up I just signed a contract to ensure my protection under CALEA. My 
hope is tht those that become compliant do not get underminded by those 
that have hidden in the bushes and took the risk upon themselves by not 
becoming compliant.


It appears that it is time to start charging a homeland security fee. 
Since we cannot authorize taxes, we can charge fees that will allow us to 
mange these cost.  By my figures, I will have to charge at least $1.53 per 
month per customer.  Since this doens't include dialup customers, my 
broadband customers will have to incurr this burden alone.


What are you thougths on this.


- Original Message - 
From: David E. Smith [EMAIL PROTECTED]

To: WISPA General List wireless@wispa.org
Sent: Thursday, May 03, 2007 10:42 AM
Subject: Re: [WISPA] CALEA Question



Peter R. wrote:

Why not check with a knowledgeable legal professional instead of 
guessing?


That'd be my boss's department. :D

I'm just a pundit - full of opinions and hot air.


Now you can choose to ignore it, and say a prayer daily that Barney Fife
or any other LEA officer does not knock on your door


I'd encourage Barney Fife to knock on my door, I wouldn't mind having
his autograph. Remember him from Three's Company?

Edit: Apparently Don Knotts died last year. Now I'm sad. :(

David Smith
MVN.net
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Re: [WISPA] CALEA Question

2007-05-03 Thread Marlon K. Schafer
Read the FAQ.  In some cases they may have to sort through ALL data to get 
at what they want.

marlon

- Original Message - 
From: Tom DeReggi [EMAIL PROTECTED]

To: WISPA General List wireless@wispa.org
Sent: Thursday, May 03, 2007 9:12 AM
Subject: Re: [WISPA] CALEA Question



In my opinion, I don;t think it will fly because of NAT.
The law inforcement agrency needs to be able to differenciate what 
customer traffic is comming from, and if you use NAT for any of your 
customers, the facilities based upstream provider would have no way to 
identify the end user, and the WISP would become the customer and be 
liable. To many degrees of seperation at the upstream for the captured 
data to be meaningful.


Tom DeReggi
RapidDSL  Wireless, Inc
IntAirNet- Fixed Wireless Broadband


- Original Message - 
From: David E. Smith [EMAIL PROTECTED]

To: WISPA General List wireless@wispa.org
Sent: Wednesday, May 02, 2007 11:27 PM
Subject: Re: [WISPA] CALEA Question



The FCC wrote:

we conclude that establishments that
acquire broadband Internet access service from a facilities-based
provider to enable their patrons or customers to access the Internet
from their respective establishments are not considered facilities-based
broadband Internet access service providers

Hm.

It'd be one heckuva stretch, but by reading the letter (as opposed to the 
spirit) of that paragraph, many smaller WISPs would automatically be 
exempt. I know my office has acquired broadband Internet access service 
from a facilities-based provider (our upstream ISP) and we're enabling 
our customers to access the Internet from their respective establishments 
(i.e. our customers pay for Internet at their homes or offices).


By the letter of that paragraph (and, to be fair, I haven't read all the 
context surrounding it) most any single-homed WISP would be exempt, as 
they could just say go talk to our upstream. (I doubt it'd work for 
multi-homed ISPs, as that would require multiple upstreams to be tapped 
and somehow synchronized, which is probably technically annoying.)


David Smith
MVN.net
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Re: [WISPA] CALEA Question

2007-05-03 Thread Marlon K. Schafer

We have a line item of:
Surcharge to cover the cost of a sales tax being charged against our fiber 
connection.  Or words to that effect.  We don't call it a tax, we 
specifically call it a surcharge.  I think that several out here do 
something similar.


We also charge a $10 trip charge anytime gas is over $2.50 per gallon in 
this area.  If it hits anywhere close to $4 I'll likely raise that to $15. 
People don't like it but they do understand.  Especially when nearly 
everyone else out here has also put on fuel charges.


The only good thing about current gas prices is that crop prices are also 
way up.  I'll take $3 fuel with $6 wheat any day :-)

marlon

- Original Message - 
From: John Scrivner [EMAIL PROTECTED]

To: WISPA General List wireless@wispa.org
Sent: Thursday, May 03, 2007 12:46 PM
Subject: Re: [WISPA] CALEA Question


I think you better just take a rate increase and chalk it up to increased 
expenses all the way around as opposed to creating a CALEA charge line 
item. Adding a fee as a line item could get you in trouble with the FTC if 
not approved as a legitimate added government fee (just my opinion, nothing 
to base this on other than my gut). Your fuel and electricity have jumped 
considerably I am sure. I am considering a rate increase over these added 
costs also. I see no way around it. I have never raised my rates in 10 
years. Times are changing I am afraid.

Scriv


Ross Cornett wrote:

I give up I just signed a contract to ensure my protection under CALEA. 
My hope is tht those that become compliant do not get underminded by 
those that have hidden in the bushes and took the risk upon themselves by 
not becoming compliant.


It appears that it is time to start charging a homeland security fee. 
Since we cannot authorize taxes, we can charge fees that will allow us to 
mange these cost.  By my figures, I will have to charge at least $1.53 
per month per customer.  Since this doens't include dialup customers, my 
broadband customers will have to incurr this burden alone.


What are you thougths on this.


- Original Message - From: David E. Smith [EMAIL PROTECTED]
To: WISPA General List wireless@wispa.org
Sent: Thursday, May 03, 2007 10:42 AM
Subject: Re: [WISPA] CALEA Question



Peter R. wrote:

Why not check with a knowledgeable legal professional instead of 
guessing?



That'd be my boss's department. :D

I'm just a pundit - full of opinions and hot air.

Now you can choose to ignore it, and say a prayer daily that Barney 
Fife

or any other LEA officer does not knock on your door



I'd encourage Barney Fife to knock on my door, I wouldn't mind having
his autograph. Remember him from Three's Company?

Edit: Apparently Don Knotts died last year. Now I'm sad. :(

David Smith
MVN.net
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Re: [WISPA] CALEA Question

2007-05-03 Thread George Rogato

gas 3.20 per gallon here. $95.00 to fill my truck yesterday.

Sheesh

Marlon K. Schafer wrote:

We have a line item of:
Surcharge to cover the cost of a sales tax being charged against our 
fiber connection.  Or words to that effect.  We don't call it a tax, we 
specifically call it a surcharge.  I think that several out here do 
something similar.


We also charge a $10 trip charge anytime gas is over $2.50 per gallon in 
this area.  If it hits anywhere close to $4 I'll likely raise that to 
$15. People don't like it but they do understand.  Especially when 
nearly everyone else out here has also put on fuel charges.


The only good thing about current gas prices is that crop prices are 
also way up.  I'll take $3 fuel with $6 wheat any day :-)

marlon

- Original Message - From: John Scrivner [EMAIL PROTECTED]
To: WISPA General List wireless@wispa.org
Sent: Thursday, May 03, 2007 12:46 PM
Subject: Re: [WISPA] CALEA Question


I think you better just take a rate increase and chalk it up to 
increased expenses all the way around as opposed to creating a CALEA 
charge line item. Adding a fee as a line item could get you in trouble 
with the FTC if not approved as a legitimate added government fee 
(just my opinion, nothing to base this on other than my gut). Your 
fuel and electricity have jumped considerably I am sure. I am 
considering a rate increase over these added costs also. I see no way 
around it. I have never raised my rates in 10 years. Times are 
changing I am afraid.

Scriv


Ross Cornett wrote:

I give up I just signed a contract to ensure my protection under 
CALEA. My hope is tht those that become compliant do not get 
underminded by those that have hidden in the bushes and took the risk 
upon themselves by not becoming compliant.


It appears that it is time to start charging a homeland security fee. 
Since we cannot authorize taxes, we can charge fees that will allow 
us to mange these cost.  By my figures, I will have to charge at 
least $1.53 per month per customer.  Since this doens't include 
dialup customers, my broadband customers will have to incurr this 
burden alone.


What are you thougths on this.


- Original Message - From: David E. Smith [EMAIL PROTECTED]
To: WISPA General List wireless@wispa.org
Sent: Thursday, May 03, 2007 10:42 AM
Subject: Re: [WISPA] CALEA Question



Peter R. wrote:

Why not check with a knowledgeable legal professional instead of 
guessing?



That'd be my boss's department. :D

I'm just a pundit - full of opinions and hot air.

Now you can choose to ignore it, and say a prayer daily that Barney 
Fife

or any other LEA officer does not knock on your door



I'd encourage Barney Fife to knock on my door, I wouldn't mind having
his autograph. Remember him from Three's Company?

Edit: Apparently Don Knotts died last year. Now I'm sad. :(

David Smith
MVN.net
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--
George Rogato

Welcome to WISPA

www.wispa.org

http://signup.wispa.org/
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Re: [WISPA] CALEA Question

2007-05-03 Thread W.D.McKinney
Yes and up here is $350.00 oer month for a 1MB Business connect.


Alaska Wireless Systems
1(907)240-2183 Cell
1(907)349-2226 Fax
1(907)349-4308 Office
www.akwireless.net



- Original Message -
From: George Rogato
[mailto:[EMAIL PROTECTED]
To: WISPA General List
[mailto:[EMAIL PROTECTED]
Sent: Thu, 03 May 2007 20:00:17 -0800
Subject:
Re: [WISPA] CALEA Question


 gas 3.20 per gallon here. $95.00 to fill my truck yesterday.
 
 Sheesh
 
 Marlon K. Schafer wrote:
  We have a line item of:
  Surcharge to cover the cost of a sales tax being charged against our 
  fiber connection.  Or words to that effect.  We don't call it a tax, we 
  specifically call it a surcharge.  I think that several out here do 
  something similar.
  
  We also charge a $10 trip charge anytime gas is over $2.50 per gallon in 
  this area.  If it hits anywhere close to $4 I'll likely raise that to 
  $15. People don't like it but they do understand.  Especially when 
  nearly everyone else out here has also put on fuel charges.
  
  The only good thing about current gas prices is that crop prices are 
  also way up.  I'll take $3 fuel with $6 wheat any day :-)
  marlon
  
  - Original Message - From: John Scrivner [EMAIL PROTECTED]
  To: WISPA General List wireless@wispa.org
  Sent: Thursday, May 03, 2007 12:46 PM
  Subject: Re: [WISPA] CALEA Question
  
  
  I think you better just take a rate increase and chalk it up to 
  increased expenses all the way around as opposed to creating a CALEA 
  charge line item. Adding a fee as a line item could get you in trouble 
  with the FTC if not approved as a legitimate added government fee 
  (just my opinion, nothing to base this on other than my gut). Your 
  fuel and electricity have jumped considerably I am sure. I am 
  considering a rate increase over these added costs also. I see no way 
  around it. I have never raised my rates in 10 years. Times are 
  changing I am afraid.
  Scriv
 
 
  Ross Cornett wrote:
 
  I give up I just signed a contract to ensure my protection under 
  CALEA. My hope is tht those that become compliant do not get 
  underminded by those that have hidden in the bushes and took the risk 
  upon themselves by not becoming compliant.
 
  It appears that it is time to start charging a homeland security fee. 
  Since we cannot authorize taxes, we can charge fees that will allow 
  us to mange these cost.  By my figures, I will have to charge at 
  least $1.53 per month per customer.  Since this doens't include 
  dialup customers, my broadband customers will have to incurr this 
  burden alone.
 
  What are you thougths on this.
 
 
  - Original Message - From: David E. Smith [EMAIL PROTECTED]
  To: WISPA General List wireless@wispa.org
  Sent: Thursday, May 03, 2007 10:42 AM
  Subject: Re: [WISPA] CALEA Question
 
 
  Peter R. wrote:
 
  Why not check with a knowledgeable legal professional instead of 
  guessing?
 
 
  That'd be my boss's department. :D
 
  I'm just a pundit - full of opinions and hot air.
 
  Now you can choose to ignore it, and say a prayer daily that Barney 
  Fife
  or any other LEA officer does not knock on your door
 
 
  I'd encourage Barney Fife to knock on my door, I wouldn't mind having
  his autograph. Remember him from Three's Company?
 
  Edit: Apparently Don Knotts died last year. Now I'm sad. :(
 
  
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[WISPA] CALEA Question

2007-05-02 Thread David Peterson
As I am finding myself back into sales, I have a question concerning CALEA.  I 
just read this blurb:

The “facilities-based” terminology was meant to include providers offering 
connectivity infrastructure between end users and the Internet. However, 
establishments that acquire broadband Internet access service from a 
facilities-based provider to enable their customers to access the Internet from 
their respective establishments are excluded. The FCC explicitly exempted 
retail providers such as those offering hot spot WiFi (News - Alert) service 
where the actual Internet connectivity is obtained from another provider

From this site:  http://www.rad-info.net/fcc/calea1.htm

This would indicate to me that if you are a retail provider, i.e. you buy your 
broadband from someone else and resell it to your customers, that you are 
exempt.  This would suggest that the onus is on your provider to monitor your 
T-1 or other connection to them in the event of a need for a tap.

Any clarity on this would be great.



WirelessGuys
David Peterson
Senior Wireless Engineer
[EMAIL PROTECTED]
207 W. Los Angeles Avenue, Suite 300
Moorpark, CA 93021-1862
tel: 800-945-3294
mobile: 979.224.4192
AIM: ultramesh inc
Skype ID:nexuswirelessusa




No virus found in this outgoing message.
Checked by AVG Free Edition. 
Version: 7.5.467 / Virus Database: 269.6.2/784 - Release Date: 5/1/2007 2:57 PM
 





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Re: [WISPA] CALEA Question

2007-05-02 Thread Peter R.

As I understand it anyone who runs a router has to be CALEA compliant.

Call the FCC ... these guys will answer your question and call you back:
www.fcc.gov/calea

Or ask a Legal Professional like Kris Twomey.
Chris Savage or KC Halm from Davis Wright Tremaine LLP will take your 
questions about CALEA on May 9th  
(http://radinfo.blogspot.com/2007/05/attorney-call-for-calea.html)


- Peter


David Peterson wrote:


As I am finding myself back into sales, I have a question concerning CALEA.  I 
just read this blurb:

The “facilities-based” terminology was meant to include providers offering 
connectivity infrastructure between end users and the Internet. However, 
establishments that acquire broadband Internet access service from a 
facilities-based provider to enable their customers to access the Internet from 
their respective establishments are excluded. The FCC explicitly exempted 
retail providers such as those offering hot spot WiFi (News - Alert) service 
where the actual Internet connectivity is obtained from another provider

From this site:  http://www.rad-info.net/fcc/calea1.htm

This would indicate to me that if you are a retail provider, i.e. you buy your 
broadband from someone else and resell it to your customers, that you are 
exempt.  This would suggest that the onus is on your provider to monitor your 
T-1 or other connection to them in the event of a need for a tap.

Any clarity on this would be great.



WirelessGuys
David Peterson
Senior Wireless Engineer


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Re: [WISPA] CALEA Question

2007-05-02 Thread Mike Hammett

Well, everybody gets their Internet from someone else.


-
Mike Hammett
Intelligent Computing Solutions
http://www.ics-il.com


- Original Message - 
From: David Peterson [EMAIL PROTECTED]

To: WISPA General List wireless@wispa.org
Sent: Wednesday, May 02, 2007 1:57 PM
Subject: [WISPA] CALEA Question


As I am finding myself back into sales, I have a question concerning CALEA. 
I just read this blurb:


The “facilities-based” terminology was meant to include providers offering 
connectivity infrastructure between end users and the Internet. However, 
establishments that acquire broadband Internet access service from a 
facilities-based provider to enable their customers to access the Internet 
from their respective establishments are excluded. The FCC explicitly 
exempted retail providers such as those offering hot spot WiFi (News - 
Alert) service where the actual Internet connectivity is obtained from 
another provider



From this site:  http://www.rad-info.net/fcc/calea1.htm


This would indicate to me that if you are a retail provider, i.e. you buy 
your broadband from someone else and resell it to your customers, that you 
are exempt.  This would suggest that the onus is on your provider to monitor 
your T-1 or other connection to them in the event of a need for a tap.


Any clarity on this would be great.



WirelessGuys
David Peterson
Senior Wireless Engineer
[EMAIL PROTECTED]
207 W. Los Angeles Avenue, Suite 300
Moorpark, CA 93021-1862
tel: 800-945-3294
mobile: 979.224.4192
AIM: ultramesh inc
Skype ID:nexuswirelessusa




No virus found in this outgoing message.
Checked by AVG Free Edition.
Version: 7.5.467 / Virus Database: 269.6.2/784 - Release Date: 5/1/2007 2:57 
PM







CONFIDENTIALITY NOTICE: This e-mail communication and any attachments may 
contain confidential and privileged information for
the use of the designated recipients. If you are not the intended recipient, 
(or authorized to receive for the recipient) you are hereby
notified that you have received this communication in error and that any 
review, disclosure, dissemination, distribution or copying of it
or its contents is prohibited. If you have received this communication in 
error, please destroy all copies of this communication and any
attachments and contact the sender by reply email or telephone (800) 
945-3294.


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Re: [WISPA] CALEA Question

2007-05-02 Thread George Rogato

Hmmm,

Well during the dial up days, Jokingly, I was thinking about starting a 
new internet business. Internet on a disk! . Each week we send you a 
new disk. We start you off with disk labeled, beginning internet a-ab, 
next week it will be ac-ad. This way the sites will be fast loading and 
won't tie up your telephone lines, nor will you have to buy a fancy high 
speed internet line. No more connection issues.


Well I did ell a couple of my subs this, and they wanted to know what 
would be cheaper grin




Mike Hammett wrote:

Well, everybody gets their Internet from someone else.


-
Mike Hammett
Intelligent Computing Solutions
http://www.ics-il.com


- Original Message - From: David Peterson 
[EMAIL PROTECTED]

To: WISPA General List wireless@wispa.org
Sent: Wednesday, May 02, 2007 1:57 PM
Subject: [WISPA] CALEA Question


As I am finding myself back into sales, I have a question concerning 
CALEA. I just read this blurb:


The “facilities-based” terminology was meant to include providers 
offering connectivity infrastructure between end users and the Internet. 
However, establishments that acquire broadband Internet access service 
from a facilities-based provider to enable their customers to access the 
Internet from their respective establishments are excluded. The FCC 
explicitly exempted retail providers such as those offering hot spot 
WiFi (News - Alert) service where the actual Internet connectivity is 
obtained from another provider



From this site:  http://www.rad-info.net/fcc/calea1.htm


This would indicate to me that if you are a retail provider, i.e. you 
buy your broadband from someone else and resell it to your customers, 
that you are exempt.  This would suggest that the onus is on your 
provider to monitor your T-1 or other connection to them in the event of 
a need for a tap.


Any clarity on this would be great.



WirelessGuys
David Peterson
Senior Wireless Engineer
[EMAIL PROTECTED]
207 W. Los Angeles Avenue, Suite 300
Moorpark, CA 93021-1862
tel: 800-945-3294
mobile: 979.224.4192
AIM: ultramesh inc
Skype ID:nexuswirelessusa




No virus found in this outgoing message.
Checked by AVG Free Edition.
Version: 7.5.467 / Virus Database: 269.6.2/784 - Release Date: 5/1/2007 
2:57 PM





 



CONFIDENTIALITY NOTICE: This e-mail communication and any attachments 
may contain confidential and privileged information for
the use of the designated recipients. If you are not the intended 
recipient, (or authorized to receive for the recipient) you are hereby
notified that you have received this communication in error and that any 
review, disclosure, dissemination, distribution or copying of it
or its contents is prohibited. If you have received this communication 
in error, please destroy all copies of this communication and any
attachments and contact the sender by reply email or telephone (800) 
945-3294.




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[WISPA] CALEA Question

2007-05-02 Thread Tim Kery
David,

Regarding your question, the FCC was referring to Retail
Establishments and not Retail Providers. The FCC defines facilities
based as follows:

facilities-based meant entities that provide transmission or
switching over their own facilities between the end user and the
Internet Service Provider (ISP)

So if your customer traffic traverses over a router, switch or bridge
that you own, and your offering exceeds 200Kbps in either direction in
the last mile, then you meet the commissions definition of a
facilities-based broadband service provider. The FCC did exclude some
retail establishments from the CALEA requirement. 

Specifically, in the FCC's First Report and Order and NPRM (05-153), pg
19. paragraph 36 states:

 Finally, in finding CALEA's SRP to cover facilities-based providers of
broadband Internet access service, we conclude that establishments that
acquire broadband Internet access service from a facilities-based
provider to enable their patrons or customers to access the Internet
from their respective establishments are not considered facilities-based
broadband Internet access service providers subject to CALEA under the
SRP.99 We note, however, that the provider of underlying facilities to
such an establishment would be subject to CALEA, as discussed above. 

Footnote #99 on the same page further clarifies:

Examples of these types of establishments may include some hotels,
coffee shops, schools, libraries, or book stores. DOJ has stated that it
has no desire to require such retail establishments to implement CALEA
solutions, DOJ Comments at 36, and we conclude that the public interest
at this time does not weigh in favor of subjecting such establishments
to CALEA.

So, Starbucks doesn't need to comply with CALEA but the service provider
that provides bandwidth to Starbucks does.

Hope this helps.

Tim Kery
BearHill Security, Inc.
[EMAIL PROTECTED]

[WISPA] CALEA Question
David Peterson DPeterson at Wirelessguys.com
mailto:wireless%40wispa.org?Subject=%5BWISPA%5D%20CALEA%20QuestionIn-R
eply-To=e702557f0705021144t38638587y585f4544732c9b6d%40mail.gmail.com 
Wed May 2 13:57:48 CDT 2007 
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As I am finding myself back into sales, I have a question concerning
CALEA.  I just read this blurb:

The facilities-based terminology was meant to include providers
offering connectivity infrastructure between end users and the Internet.
However, establishments that acquire broadband Internet access service
from a facilities-based provider to enable their customers to access the
Internet from their respective establishments are excluded. The FCC
explicitly exempted retail providers such as those offering hot spot
WiFi (News - Alert) service where the actual Internet connectivity is
obtained from another provider

From this site:  http://www.rad-info.net/fcc/calea1.htm

This would indicate to me that if you are a retail provider, i.e. you
buy your broadband from someone else and resell it to your customers,
that you are exempt.  This would suggest that the onus is on your
provider to monitor your T-1 or other connection to them in the event of
a need for a tap.

Any clarity on this would be great.



WirelessGuys
David Peterson
Senior Wireless Engineer
DPeterson at WirelessGuys.com
http://lists.wispa.org/mailman/listinfo/wireless 
207 W. Los Angeles Avenue, Suite 300
Moorpark, CA 93021-1862
tel: 800-945-3294
mobile: 979.224.4192
AIM: ultramesh inc
Skype ID:nexuswirelessusa






 http://www.bearhill.com/ 




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Re: [WISPA] CALEA Question

2007-05-02 Thread David E. Smith

The FCC wrote:

we conclude that establishments that
acquire broadband Internet access service from a facilities-based
provider to enable their patrons or customers to access the Internet
from their respective establishments are not considered facilities-based
broadband Internet access service providers

Hm.

It'd be one heckuva stretch, but by reading the letter (as opposed to 
the spirit) of that paragraph, many smaller WISPs would automatically be 
exempt. I know my office has acquired broadband Internet access service 
from a facilities-based provider (our upstream ISP) and we're enabling 
our customers to access the Internet from their respective 
establishments (i.e. our customers pay for Internet at their homes or 
offices).


By the letter of that paragraph (and, to be fair, I haven't read all the 
context surrounding it) most any single-homed WISP would be exempt, as 
they could just say go talk to our upstream. (I doubt it'd work for 
multi-homed ISPs, as that would require multiple upstreams to be tapped 
and somehow synchronized, which is probably technically annoying.)


David Smith
MVN.net
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