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fAcEtIOUs
Premium
join:2002-03-03
kudos:4

reply to pnh102

Re: This is News?

said by pnh102:

Is this really a major surprise? Businesses (and ultimately their customers) already have to pay out of their own pockets for the cost of complying with numerous government-imposed regulations.
You are right. All businesses, and that includes universities, have to comply with numerous laws(local, state, and federal) that cost them money to comply with. CALEA is no different, except the ISPs and the universities don't like this particular law. Well, too bad, they should pay or the executives should go to prison for refusing to comply.
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Minister

join:2002-01-02
Fleeting

quote:
CALEA is no different, except the ISPs and the universities don't like this particular law.
Actually the argument is two-fold: CALEA as written does not apply to Internet traffic.

To make it apply, Congress needs to re-work it. It is not in the FCC's mandate simply to say "Calea now applies to all Internet traffic, including VoIP...."


envoid

join:2002-12-21
Duluth, GA

1 edit

Exactly. And to quote from a link from TKjunkmail...

quote:
(2) INFORMATION SERVICES; PRIVATE NETWORKS AND INTERCONNECTION SERVICES AND FACILITIES- The requirements of subsection (a) [Assistance capability requirements] do not apply to--

`(A) information services;
So how can they force this on ISPs or any "Information Services"? Unless they mean for VoIP, but that can be a grey area since it utilizes "Information Services" to deliver its data AND it's not defined in the CALEA text. Seems the FCC now needs a regulatory committee...


fAcEtIOUs
Premium
join:2002-03-03
kudos:4

1 edit

said by envoid:

Exactly. And to quote from a link from TKjunkmail...

quote:
(2) INFORMATION SERVICES; PRIVATE NETWORKS AND INTERCONNECTION SERVICES AND FACILITIES- The requirements of subsection (a) [Assistance capability requirements] do not apply to--

`(A) information services;
So how can they force this on ISPs or any "Information Services"? Unless they mean for VoIP, but that can be a grey area since it utilizes "Information Services" to deliver its data AND it's not defined in the CALEA text. Seems the FCC now needs a regulatory committee...
But you left out the rest of that paragraph of the law, which gave the FCC the right to expand the interpretation of "Information Services":
»www.securityfocus.com/columnists/261
"person[s] or entit[ies] engaged in providing wire or electronic communication switching or transmission service to the extent that the Commission finds that such service is a replacement for a substantial portion of the local telephone exchange service and that it is in the public interest to deem such a person or entity to be a telecommunications carrier."

In other words, if you are replacing the local telephone exchange service, and the FCC concludes it is in the public interest, you might be covered by CALEA. On August 9th, the FCC tentatively concluded that broadband providers were exactly that.
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ross

join:2000-08-16

1 edit

said by fAcEtIOUs:

said by envoid:

Exactly. And to quote from a link from TKjunkmail...

quote:
(2) INFORMATION SERVICES; PRIVATE NETWORKS AND INTERCONNECTION SERVICES AND FACILITIES- The requirements of subsection (a) [Assistance capability requirements] do not apply to--

`(A) information services;
So how can they force this on ISPs or any "Information Services"? Unless they mean for VoIP, but that can be a grey area since it utilizes "Information Services" to deliver its data AND it's not defined in the CALEA text. Seems the FCC now needs a regulatory committee...
But you left out the rest of that paragraph of the law, which gave the FCC the right to expand the interpretation of "Information Services":
»www.securityfocus.com/columnists/261
"person[s] or entit[ies] engaged in providing wire or electronic communication switching or transmission service to the extent that the Commission finds that such service is a replacement for a substantial portion of the local telephone exchange service and that it is in the public interest to deem such a person or entity to be a telecommunications carrier."

In other words, if you are replacing the local telephone exchange service, and the FCC concludes it is in the public interest, you might be covered by CALEA. On August 9th, the FCC tentatively concluded that broadband providers were exactly that.
You are correct! Which makes it all the worse, and the FCC just another extension of our de facto FASCIST STATE. But, you go right on revelling in your condescending, self-righteous, pro-surveillance, anti-terrorism/pro-fascist smugness. It is obvious to me, and everyone else here, that you are an amorally vacuous apologist for "right-think". Wake up, man! You have been mesmerized as easily as a chicken made to focus on a straight (party) line.

While everyone else is focused on the subversion of our constitutional rights, you are focused on whether the fascists have observed the letter of the anti-constitutional laws they have penned in order to install a police state where once lived free men.

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