While doing some research this morning, I came across the name of the
CALEA Consultant for the DOJ, FBI, and DEA. )I'm now trying to get a
phone or email).
Any way, CALEA was brought up in the Brand-X case. Here's the summary of
the brief FYI:
Law Enforcement advanced the theory that Internet access
service is a “telecommunications service,”or at least contains
a “telecommunications service”that implicates the CALEA
statute. CALEA could cover Internet access, Law Enforcement
reasoned, without triggering the full burden of other
regulatory mandates promulgated under Title II of the
Communications Act of 1934, as amended (“Title II”) because
the Commission could streamline those burdens using
several regulatory tools, including forbearance, rule waivers,
extensions of time, and self-certifications of compliance.
Although cable operators are generally not subject to Title
II, Law Enforcement remarked that CALEA already applies
expressly to cable operators, as well as electric utilities and
other utilities, to the extent those entities engage in
telecommunications services. Law Enforcement also stated its
belief that the Commission’s Cable Modem Declaratory
Ruling, which classifies Internet access as a pure information
service, suffers from statutory interpretation problems and
directly threatens CALEA. Moreover, Law Enforcement
explained that CALEA’s importance to national security
warrants special treatment of the statute in the Commission’s
pending broadband Internet access proceedings.
--
Regards,
Peter Radizeski
RAD-INFO, Inc. - NSP Strategist
We Help ISPs Connect & Communicate
813.963.5884
http://www.marketingIDEAguy.com
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