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FF4m3

@rr.com

Feds Want To Fine Companies That Refuse Wiretap Requests

From The Register:

Draft legislation to impose fines on companies that refuse to provide wiretap facilities to US federal agents is in the planning stages, government officials have told the Washington Post under condition of anonymity.

Initial plans are for an automatic fine for refusal in the range of tens of thousands of dollars, an amount that would escalate over time. After 90 days, a judicial review would be held which could double the monetary reparations and possibly impose extra charges.

"The importance to us is pretty clear," FBI general counsel Andrew Weissmann told the American Bar Association last month. "We don't have the ability to go to court and say, 'We need a court order to effectuate the intercept.' Other countries have that. Most people assume that's what you're getting when you go to a court."

The proposals being prepared by a government taskforce do appear to exempt smaller companies (although that's a worryingly vague term), and doesn't mandate the method for gaining the information required – that would be left up to the companies concerned to provide if they comply.

Federal forces protest that they have been outfoxed by moves such as the shift to https and messaging encryption, and rules are needed to ensure they get the data they claim to need promptly. While Congress dilly-dallies on the issue, it appears that the Obama administration is going to throw its own proposals into the ring.

It's easy to see why the big technology firms are increasingly getting behind CISPA, with legislation like this being considered. Faced with the choice of handing over data with full legal indemnity compared to large fines for not doing so, it's clear which way most firms will jump.

No timescale for the legislation has been given, but it is going to cause concern across a whole range of technology companies. While this legislation is billed as going after the biggest firms, there's mission-creep to consider, and smaller ISPs could face the prospect of being bankrupted for refusing to cooperate.

"Today, if you're a tech company that's created a new and popular way to communicate, it's only a matter of time before the FBI shows up with a court order to read or hear some conversation," said Michael Sussmann, a former federal prosecutor and now a technology lawyer. "If the data can help solve crimes, the government will be interested."

It's no wonder that so may cloud providers are now promoting the fact that their data centers aren't in the US.



Blackbird
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I wonder how long it will be before we see Federal proposals to make it illegal for US citizens to access IPs of non-US cloud providers. Of course, it'll be couched in terms of "protecting the children" and "combating terrorism".
--
“The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money.” A. de Tocqueville


Ian
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said by Blackbird:

I wonder how long it will be before we see Federal proposals to make it illegal for US citizens to access IPs of non-US cloud providers. Of course, it'll be couched in terms of "protecting the children" and "combating terrorism".

Which would, potentially see a trade war type situation escalate, with Europe or Asia blocking legal access to US providers.....
--
“Any claim that the root of a problem is simple should be treated the same as a claim that the root of a problem is Bigfoot. Simplicity and Bigfoot are found in the real world with about the same frequency.” – David Wong


Blackbird
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said by Ian:

said by Blackbird:

I wonder how long it will be before we see Federal proposals to make it illegal for US citizens to access IPs of non-US cloud providers. Of course, it'll be couched in terms of "protecting the children" and "combating terrorism".

Which would, potentially see a trade war type situation escalate, with Europe or Asia blocking legal access to US providers.....

Yeah... but the risk of trade wars have never stopped politicians before. And over the years, trade wars have led to shooting wars, as often as not.
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“The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money.” A. de Tocqueville


FFH
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reply to FF4m3
said by FF4m3 :

From The Register:

»en.wikipedia.org/wiki/Communicat···ment_Act

The Act obliges telecommunications companies to make it possible for law enforcement agencies to tap any phone conversations carried out over its networks, as well as making call detail records available. The act stipulates that it must not be possible for a person to detect that his or her conversation is being monitored by the respective government agency.

FCC adopted a "First Report and Order" concluding that CALEA applies to facilities-based broadband Internet access providers and providers of interconnected (with the public switched telephone network) Voice-over-Internet-Protocol (VoIP) services.

In May 2006, the FCC adopted a "Second Report and Order", which clarified and affirmed the First Order:
The CALEA compliance deadline remains May 14, 2007.
Carriers are permitted to meet their CALEA obligations through the services of “Trusted Third Parties (TTP)” -- that is, they can hire outside companies, which meet security requirements outlined in CALEA, to perform all of the required functions.

Carriers are responsible for CALEA development and implementation costs.

Now the feds want to make the recalcitrant ISPs actually follow the law, which they have mostly ignored, by levying fines that actually mean anything to the ISPs.

I say go for it. Enforce the law(or repeal it) and make the ISPs follow it.
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If you want to anger a liberal tell him the truth."


Blackbird
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said by FFH:

... Now the feds want to make the recalcitrant ISPs actually follow the law, which they have mostly ignored, by levying fines that actually mean anything to the ISPs. ...

So how does an ISP go about providing the Feds access to the unencrypted material underlying https and messaging encryption traffic?
quote:
Federal forces protest that they have been outfoxed by moves such as the shift to https and messaging encryption, and rules are needed to ensure they get the data they claim to need promptly.
I'm not sure "recalcitrant" is the best description for the ISPs who have problems with this aspect of these proposals.
--
“The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money.” A. de Tocqueville