US Wiretapping of the Internet — Who Pays the Tab?

Recently, the Federal Communications Commission (FCC) issued a mandatory order requiring broadband Internet providers and Internet phone companies to build wiretap access for police surveillance. This is to be achieved through mandatory centralized wiretapping hubs and must be in place by May 14 th, 2007. In an even more controversial move, the FCC ruled that the broadband providers and Internet phone companies will have to pick up the rather costly tab for building in the mandatory wiretap access. For universities alone, the cost has been estimated to be about $7 billion. Faced with this significant unplanned outlay, a number of universities, libraries and technology companies have filed an action against the agency. The wiretapping requirement was based on a 1994 law, the Communications Assistance for Law Enforcement Act (CALEA), which provides the legal authority for police to conduct Internet wiretaps. Under CALEA, the government had authorized the payment of $500 million to telecommunications carriers for the cost of upgrading their networks to facilitate wiretapping. However, no funds were made available for broadband and Internet phone providers. The universities, libraries and technology companies bringing the lawsuit have argued that Congress never intended CALEA to force broadband providers - and private networks at corporations and universities - to build in central surveillance hubs for police convenience. Their argument is bolstered by a House of Representatives committee report prepared in October 1994 stating that CALEA's requirements "do not apply to information services such as electronic-mail services; or online services such as CompuServe, Prodigy, America Online or Mead Data; or to Internet service providers." Arguments in the case were scheduled to be heard on May 5th, 2006. For more information about the FCC, visit: http://www.fcc.gov/ For more information about or a copy of the order, see: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-265221A1.pdf; and http://www.fcc.gov/FCC-05-153A1.pdf For the full text of CALEA, visit: http://www.epic.org/privacy/wiretap/calea/calea_law.html For the October 1994 House of Representatives committee report, see: http://www.epic.org/privacy/wiretap/calea/H_Rpt_103_827.txt Summary by: Sue Diaz