US Court Ruling Backs Internet-Phone Wiretapping

On June 9, the Court of Appeals for the District of Columbia Circuit, by a 2-1 majority, affirmed a Federal Communications Commission (FCC) directive that VoIP (Voice over Internet Protocol) calls can be wiretapped. In August 2004, the FCC had voted 5-0 in favour of the initiative to help police and spy agencies eavesdrop on all forms of high-speed Internet access, including cable modems, wireless, satellite and broadband over power lines. In 2005, the FCC ruled that providers of Internet phone and broadband services have until May 2007 to ensure that their equipment can accommodate police wiretaps. Prior to the FCC's initial decision, Comcast, Vonage and other companies did not have to conform to the Communications Assistance for Law Enforcement Act (CALEA). Implemented in October 1994, CALEA requires telecommunications carriers to assist law enforcement in executing electronic surveillance pursuant to court order. However, CALEA excludes from its application entities that provide "˜information services', which was the issue underlying the recent ruling. Many opposed to the ruling assert that Internet services are information services and should not be subject to CALEA. CALEA's application does not extend to cover private networks such as universities, instant messaging and VoIP programs that do not use the public telephone network. The FCC had ruled that VoIP and broadband providers subject to CALEA would have to absorb the expenses of buying equipment to follow the law. By contrast, from 1997 through 2001, Congress distributed $500 million to reimburse analogue phone companies for the costs of complying with CALEA. For a recent news report, see an article in The New York Times: http://makeashorterlink.com/?S1CE31D4D For the full text of the decision (American Council of Education v FCC and the United States of America, 05-1404, June 9, 2006), visit: http://pacer.cadc.uscourts.gov/docs/common/opinions/200606/05-1404a.pdf Summary by: Oren Weichenberg