Folks,
I do not want to rant or in anyway fan flames here, but I Do want to ask the question: What are the "Big Kids" doing about CALEA and the talk seeping out, about data monitoring / logging from DOJ? Earthlink, AOL (and it's clones), MSN, AT&T? Are those guys on the sidelines just waiting for the shoe to drop, or busily building the mega-cache systems needed to transcribe every last packet passed over their networks? Somehow is seems unlikely. I don't see how, just because we are small and independent, we have anymore to fear about the implications of these seemingly invasive measures. If anything it would seem we have much less to fear, since the shear volume of data from traffic logging would render it almost useless. Frankly I don't (with my admittedly limited understanding of the true nature of IP traffic) understand what is to prevent these "traffic loggers" or other data traps to be inserted anywhere on the much-fewer backbone transports and be done with it. (In truth I highly doubt that this has not in fact already been done). At any rate EFF.org and others are our best allies in trying to tame this dragon before it bites. I too, have profound concerns about the right-to-privacy (as if any of us has had that for years). But the more important issue is the FACT that the COSTS of any and all monitoring MUST, in view of the 13th Amendment, be borne by the AGENCY that wants the information, NOT US. For those who have forgotten, the 13th Amendment abolished involuntary servitude. In short we CANNOT be compelled to work for Uncle Sam for FREE. We MAY by Court Order be compelled to provide access to execute a search for a specific duration. But we do not have to DO the search for them, provide them with the forensic tools to investigate, or in anyway become unduly financially inconvenienced, in the execution of the lawful activity. "But Dave," (I hear you saying) "they make the phone companies provide information, Local Usage Details and the like under subpoena from the court. Why can't the do that to us?" Well in part they can, but remember that Telecos are those freaks of the business world: The Regulated Utility. When these Companies agreed to operate as Regulated Monopoly Utilities the gave up many rights and assumed special responsibilities that "Normal Business" don't have. The requirements to log usage details was long ago shown to be a normal part of the Telco Business flow, for their in-house billing and cross-billing purposes. The Courts asking to view selected sections of those logs for fact finding was viewed as duty the comes with the privilege to do business without competition. I'm no attorney, nor have I played one on Television, but I think I have a fairly firm grip on reality. (Why is there Air?) <grin> I think we should be looking hard at what our older-bigger cousins in the ISP industry are doing and be prepared to join in with them for injunctive relief - IF we are asked to SPEND anything preemptively to serve the cause of law enforcement. We are NOT Monopoly Tel-Co s. Law Enforcement Agencies are in-fact the ones with the guns and badges, not us. I didn't run for Sheriff, I was not elected to the office, I have taken no oath of office. I am therefore NOT a law enforcement officer, entitled to monetary compensation. I WILL IN NO WAY IMPED the work of Law Enforcement but I cannot LEGALLY be compelled to do it FOR them at my own expense. Please Notice I am NOT discussing the value or virtue of the law enforcement activities - That's politics, and has nothing to do with the LAW or it's execution. So what the heck is my point? I Honestly believe, IF some Policy is promulgated that costs US money or time (which IS WORTH money) to do THEIR work, it WILL be held unlawful on several grounds. I THINK that supporting EFF or others that share our concerns and raising these points to them may put this dragon in a cage. I feel certain that the BIG KIDs are thinking this way. I think we should too. That, and thirty nickels will buy you a cup of coffee. Dave Brenton General Manager Rural Tennessee Wireless Broadband Bringing FAST Internet to the rest of us (sm) Dover TN (931) 232-0914 office (931) 627-1142 cell [EMAIL PROTECTED] -- WISPA Wireless List: [email protected] Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
