> On Mon, 26 Mar 2007 19:49:43 -0400, Adam Greene wrote
> <extracting a snippet from Adam's interesting prose>
> A: No. The petition proposes CALEA coverage of only broadband Internet access 
> service and broadband telephony service. Other Internet-based services, 
> including those classified as "information services" such as email and visits 
> to websites, would not be covered.
> On Mon, 26 Mar 2007 wispa wrote in reply: 
> <extracting a relevant portion of the reply>
> Read this carefully, it says that website visits, IM, etc, are NOT included 
> in the information you must capture.  Yeah, yeah, it says the companies that 
> provide those services need not be compliant - if that's the case, then that 
> data is not included in the required types.  Only specific types of 
> information, mostly being VIOP calls are detailed.  Since VOIP calls are 
> tapped at the provider's end, it appears that really IS NO INCLUDED DATA that 
> needs to be tapped at the ISP's end, unless somehow we're supposed to find 
> peer to peer voice data buried in the packet flow or something.   
> Of course, this conflicts to some degree with other information published 
> elsewhere... and here, too. 
> I'm not sure it doesn't conflict with the FCC's and FBI's recent comments, 
> too. 
> </snip>
> --------------------------------------------
> Mark Koskenmaki  <> Neofast, Inc
> Broadband for the Walla Walla Valley and Blue Mountains
> 541-969-8200

I think the assertion that website visits, IM, etc, are not included
actually is a statement that those subject
to the provisions of CALEA are not defined by whether or not they offer
visits to websites or IM capability,
but rather whether or not they offer broadband internet access. Such
as.... an Internet access provider who
does not qualify as a broadband provider (dial-up?)  is not subject to
the provisions of CALEA, even though they may
enable the public to utilize email over their networks, whereas a
provider of broadband internet access is
subject to those provisions, simply because they offer broadband, but
not because their users have email

It is then up to the LEA's and courts to determine what they want to
"sniff", which may or may not
include the email, IM, web site visits, etc...

Of course, IANAL.

John Vogel

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