The FCC yesterday issued a second order related to the wiretapping obligations of broadband and VoIP providers (press release here). The FCC had earlier ruled that broadband and VoIP providers are obligated to meet the law enforcement access requirements spelled out in the Communications Assistance for Law Enforcement Act (CALEA), enacted in 1994.
This new order came about as a result of a petition filed by the Department of Justice, Federal Bureau of Investigation, and Drug Enforcement Administration in March 2004. The law enforcement groups wanted further guidance about how cable, in particular, and VoIP providers would meet their CALEA obligations.
This second order affirms a hard and fast deadline for companies to get in compliance — May 14, 2007. The order also says that broadband and VoIP providers must bear the costs of getting into compliance; the government won’t subsidize the expenses involved.
As CNET’s Declan McCullough and Anne Broache report, many VoIP providers view this decision as nothing more than a “tax,” particularly given that the original 1994 law authorized $500 million to reimburse traditional telephone companies for their costs of coming into compliance.
Of particular concern is the expenses that will be incurred by non-profit organizations, such as university and library networks. The cable industry, however, is resigned to getting the job done. In a joint statement, the National Cable & Telecommunications Association and CableLabs, the industry’s R&D consortium, said:
Today’s FCC action is a logical next step in setting CALEA compliance ground rules as they apply to broadband services. CableLabs and the cable industry look forward to addressing any unresolved issues involving the application of CALEA to cable modem service consistent with the customer privacy rights embodied in that statute
Update: In an unrelated development, Senator Patrick Leahy (D-VT) has called for a summit on privacy matters in the wake of revelations that the Bush administration engaged in wiretaps of U.S. citizens who were opposed to the war in Iraq. In a speech, Leahy warned that the U.S. is in danger of turning into a “micro-monitoring” state.
Cynthia Brumfield at 8:57 AM|Comments(0)
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