[IP] Easier Internet Wiretaps Sought and guess  who foots the bill
How does the FBI intend to deal with foreign anonymous servers and crypto 
protected IM and even varieties of VOIP. Want to bet that control of 
cryptography comes real soon and/or Clipper rides again.
Dave
washingtonpost.com
Easier Internet Wiretaps Sought
Justice Dept., FBI Want Consumers To Pay the Cost
By Dan Eggen and Jonathan Krim
Washington Post Staff Writers
Saturday, March 13, 2004; Page A01
The Justice Department wants to significantly expand the government's 
ability to monitor online traffic, proposing that providers of high-speed 
Internet service should be forced to grant easier access for FBI wiretaps 
and other electronic surveillance, according to documents and government 
officials.
A petition filed this week with the Federal Communications Commission also 
suggests that consumers should be required to foot the bill.
Law enforcement agencies have been increasingly concerned that fast-growing 
telephone service over the Internet could be a way for terrorists and 
criminals to evade surveillance. But the petition also moves beyond 
Internet telephony, leading several technology experts and privacy 
advocates yesterday to warn that many types of online communication, 
including instant messages and visits to Web sites, could be covered.
The proposal by the Justice Department, the FBI and the Drug Enforcement 
Administration could require extensive retooling of existing broadband 
networks and could impose significant costs, the experts said. Privacy 
advocates also argue that there are not enough safeguards to prevent the 
government from intercepting data from innocent users.
Justice Department lawyers argue in a 75-page FCC petition that Internet 
broadband and online telephone providers should be treated the same as 
traditional telephone companies, which are required by law to provide 
access for wiretaps and other monitoring of voice communications. The law 
enforcement agencies complain that many providers do not comply with 
existing wiretap rules and that rapidly changing technology is limiting the 
government's ability to track terrorists and other threats.
They are asking the FCC to curtail its usual review process to rapidly 
implement the proposed changes. The FBI views the petition as narrowly 
crafted and aimed only at making sure that terrorist and criminal suspects 
are not able to evade monitoring because of the type of telephone 
communications they use, according to a federal law enforcement official 
who spoke on the condition of anonymity.
"Lawfully-authorized electronic surveillance is an invaluable and necessary 
tool for federal, state and local law enforcement in their fight against 
criminals, terrorists, and spies," the petition said, adding that "the 
importance and the urgency of this task cannot be overstated" because 
"electronic surveillance is being compromised today."
But privacy and technology experts said the proposal is overly broad and 
raises serious privacy and business concerns. James X. Dempsey, executive 
director of the Center for Democracy & Technology, a public interest group, 
said the FBI is attempting to dictate how the Internet should be engineered 
to permit whatever level of surveillance law enforcement deems necessary.
"The breadth of what they are asking for is a little breathtaking," Dempsey 
said. "The question is, how deeply should the government be able to control 
the design of the Internet? . . . If you want to bring the economy to a 
halt, put the FBI in charge of deploying new Internet and communications 
services."
Jeffrey Citron, chief executive of Internet phone provider Vonage Inc., 
said the FBI is overreaching. He said that he and other providers cooperate 
fully with law enforcement, and that if the FBI has ongoing concerns, it 
should strive to change the law governing wiretaps.
The FCC is in the midst of a wide-ranging review of how to regulate the 
fledgling Internet telephone industry. Chairman Michael K. Powell, 
responding to complaints from the FBI and other law enforcement agencies, 
said last month that the FCC will also pursue a separate review of 
wiretapping rules.
The Communications Assistance for Law Enforcement Act (CALEA), enacted in 
1994, required telecommunications companies to rewire their networks so 
police could have access for wiretaps and other surveillance measures. But 
law enforcement officials and privacy advocates have argued fiercely in 
recent years about whether, and to what extent, the law should apply to 
such newer-generation technologies as Internet telephone and broadband 
services.
The Justice proposal asserts that "CALEA was intended to protect the 
capacity of law enforcement to carry out authorized surveillance in the 
face of technological change, and CALEA contains no exemption for telephony 
services provided through broadband access."
Stewart Baker, a Washington lawyer and former general counsel at the 
National Security Agency, said the petition ignores the intent and letter 
of the CALEA law, which specifically exempts "persons or entities insofar 
as they are engaged in providing information services." The Justice 
Department and FBI argue that Congress nine years ago had in mind simple 
data-storage services, and did not envision the kind of Internet-based 
communications technologies available today.
The problem the FBI faces is that it cannot identify and break down 
information that travels as packets of data over the Internet. Phone calls 
placed over the Internet are changed from voice signals into data packets 
that look much like other data packets that contain e-mail or instructions 
for browsing the Internet.
CALEA does not require telecommunications providers to break down and 
identify which is which, or to decode data that might be encrypted. The FBI 
wants Internet providers to be forced to do so, experts said.
Justice and FBI lawyers also asked the FCC to "permit carriers to have the 
option to recover some or all of their CALEA implementation costs from 
their customers." The petition argues that the actual costs to individual 
customers would be minimal, although no estimates are provided.
Internet service providers yesterday reacted with caution. Many said they 
had not yet studied the FBI petition, and want to be viewed as cooperating 
with law enforcement whenever possible.
David Baker, vice president for public policy at Internet provider 
EarthLink Inc. in Atlanta, said the FBI appears to be going beyond concerns 
over voice communications technology on the Internet and is instead 
"seeking to apply CALEA to all information services."
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