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Here we'll explore the nexus of legal rulings, Capitol Hill policy-making, technical standards development, and technological innovation that creates -- and will recreate -- the networked world as we know it. Among the topics we'll touch on: intellectual property conflicts, technical architecture and innovation, the evolution of copyright, private vs. public interests in Net policy-making, lobbying and the law, and more.

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August 18, 2005

More on the Mother of Acrimonious Acronyms

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Marcia Coyle has the best piece yet on why applying CALEA to the Internet is a terrible idea: Wiretap the Net? Not So Fast (previous Copyfight coverage: The Mother of Acrimonious Acronyms).

Here's a bit that will be sure to interest librarians who've been fighting PATRIOT Section 215 and the Broadcast Flag:


There are a number of collateral consequences to the FCC's order, said Perkins Coie's Gidari, counsel to education, library and other associations that opposed the FCC's decision.

"I don't think the commission had a clue that what they were saying affected other facilities-based providers," he said.

"A lot of companies and organizations make broadband available to their work force, students, faculties, researchers and others. That's why Congress holds hearings, to determine impact. The commission put out an order only carriers would pay attention to," Gidari said.

"The notion a librarian would have to do a wiretap and is subject to felony penalties if she discloses it, is amazing," he said.

"That's what CALEA requires -- you have to have a security office, security procedures. In truth, that won't happen because the library will be closed because it has no budget for this. That's why this issue is important."


Applying CALEA to the Internet is in many ways like a combo 215/Broadcast Flag -- in short, it's a technology mandate to make it easier for the government (and others) to spy on people. The kicker is that it's not the government, but, rather, the "information service providers" and the customers/patrons/surveillance subjects themselves who will pay for it.

(Cross-posted @ Deep Links.)

Comments (4) + TrackBacks (0) | Category: Privacy


COMMENTS

1. Crosbie Fitch on August 18, 2005 2:51 PM writes...

Well, it is actually fairer if the ISPs and their customers pay for the wiretap, rather than the population at large (via taxation).

However, a fairer way to charge doesn't necessarily mean the idea is sensible.

Permalink to Comment

2. Donna on August 18, 2005 3:01 PM writes...

Yep, you're right -- either way you pay. Only with the providers paying, it's an extra kick in the knees to/tax on innovation.

Permalink to Comment

3. Ralph T. Gerwing on August 19, 2005 3:38 AM writes...

This may be hard to interpret.
Therefor the document is...
" general reference purposes only and should not be relied upon for a full and complete understanding of the CALEA statute. Carriers and others seeking to know how they are affected by CALEA should consult the statute and relevant FCC rules, Orders, and other publications, as well as rules and other documents published by the United States Department of Justice and the Federal Bureau of Investigation (FBI).
http://www.fcc.gov/calea/ "
In reference to (others). This is a part that may be hard to enforce, or make sure people not authorized will not cause abuse.
The resulting penalties fines and/or imprisonment of violations may still not be fully addressed. The freedom of the internet may be part of the caveat.. Use with understaning of an open media.
The value part of CALEA is.. an inclusion for the
industry to partisipate.
rtg.

Permalink to Comment

4. Branko Collin on August 19, 2005 5:03 AM writes...

If this were a good law/rule, then why should libraries be exempt? I don't understand the "why won't anybody think of the poor librarians" argument. And if this were a bad law/rule, raising this argument would only give its proponents something inconsequential to respond to.

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