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FFH5
Premium Member
join:2002-03-03
Tavistock NJ

3 edits

FFH5

Premium Member

ISP's can do this - ask RIM

RIM has already done the things being asked for their Blackberry phones in various countries in order to stay in business. So while some will claim technically undoable, or too costly, if mandated by gov't it can be done. Here is what is being asked for:

¶ Communications services that encrypt messages must have a way to unscramble them.

¶ Foreign-based providers that do business inside the United States must install a domestic office capable of performing intercepts.

¶ Developers of software that enables peer-to-peer communication must redesign their service to allow interception.

The smaller ISP's will find it difficult but the FBI had already set aside millions to assist them for the 1994 CALEA law. This new law will just be more penalizing for non-compliance. But the requirements already exist in the law and have withstood court challenges.
»www.fcc.gov/calea/

dslcreature
Premium Member
join:2010-07-10
Seattle, WA

dslcreature

Premium Member

In the CALEA law it is only the responsibility of the telecom to provide decryption keys if they have said keys to provide in the first place.

From my read your trying to assert this is just an additional grant of authority when in fact they are orthagonal issues.

Specifically conducting a wiretap is separate concept from a law requiring all software companies to provide the means to embark a private encrypted communication. ISPs are not software or "information service" companies.

It's illogical and unreasonable to require a Telecom to know or possess all keys for all data transiting their network.

It's illogical and unreasonable to expect software produced in other countries not subject to intercept would not be readily available to US citizens.

You can technically get away with making US based "information services" such as facebook comply with such requirements but all this does is push illicit communication out to foreign "information services" where the influence of US based LEA is lower and more complex.