[IP] Feds: VoIP a potential haven for terrorists
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Feds: VoIP a potential haven for terrorists
By Declan McCullagh
CNET News.com
June 16, 2004, 10:54 AM PT
URL: http://zdnet.com.com/2100-1105-5236233.html
WASHINGTON--The U.S. Department of Justice on Wednesday lashed out at
Internet telephony, saying the fast-growing technology could foster
"drug trafficking, organized crime and terrorism."
Laura Parsky, a deputy assistant attorney general in the Justice
Department, told a Senate panel that law enforcement bodies are deeply
worried about their ability to wiretap conversations that use voice
over Internet Protocol (VoIP) services.
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"I am here to underscore how very important it is that this type of
telephone service not become a haven for criminals, terrorists and
spies," Parsky said. "Access to telephone service, regardless of how it
is transmitted, is a highly valuable law enforcement tool."
Police been able to conduct Internet wiretaps for at least a decade,
and the FBI's controversial Carnivore (also called DCS1000) system was
designed to facilitate online surveillance. But Parsky said that
discerning "what the specific (VoIP) protocols are and how law
enforcement can extract just the specific information" are difficult
problems that could be solved by Congress requiring all VoIP providers
to build in backdoors for police surveillance.
The Bush administration's request was met with some skepticism from
members of the Senate Commerce committee, who suggested that it was too
soon to impose such weighty regulations on the fledgling VoIP industry.
Such rules already apply to old-fashioned telephone networks, thanks to
a 1994 law called the Communications Assistance for Law Enforcement Act
(CALEA).
"What you need to do is convince us first on a bipartisan basis that
there's a problem here," said Sen. Ron Wyden, D-Ore. "I would like to
hear specific examples of what you can't do now and where the law falls
short. You're looking now for a remedy for a problem that has not been
documented."
Wednesday's hearing was the first to focus on a bill called the VoIP
Regulatory Freedom Act, sponsored by Sen. John Sununu, R-N.H. It would
ban state governments from regulating or taxing VoIP connections. It
also says that VoIP companies that connect to the public telephone
network may be required to follow CALEA rules, which would make it
easier for agencies to wiretap such phone calls.
The Justice Department's objection to the bill is twofold: Its wording
leaves too much discretion with the Federal Communications Commission,
Parsky argued, and it does not impose wiretapping requirements on
Internet-only VoIP networks that do not touch the existing phone
network, such as Pulver.com's Free World Dialup.
"It is even more critical today than (when CALEA was enacted in 1994)
that advances in communications technology not provide a haven for
criminal activity and an undetectable means of death and destruction,"
Parsky said.
Sen. Frank Lautenberg, D-N.J., wondered if it was too early to order
VoIP firms to be wiretap-friendly by extending CALEA's rules. "Are we
premature in trying to tie all of this down?" he asked. "The technology
shift is so rapid and so vast."
The Senate's action comes as the FCC considers a request submitted in
March by the FBI. If the request is approved, all broadband Internet
providers--including companies using cable and digital subscriber line
technology--will be required to rewire their networks to support easy
wiretapping by police.
Wednesday's hearing also touched on which regulations covering 911 and
"universal service" should apply to VoIP providers. The Sununu bill
would require the FCC to levy universal service fees on Internet phone
calls, with the proceeds to be redirected to provide discounted analog
phone service to low-income and rural American households.
One point of contention was whether states and counties could levy
taxes on VoIP connections to support services such as 911 emergency
calling. Because of that concern, "I would not support the bill as
drafted and I hope we would not mark up legislation at this point,"
said Sen. Byron Dorgan, D-N.D.
Sen. Conrad Burns, R-Mont., added: "The marketplace does not always
provide for critical services such as emergency response, particularly
in rural America. We must give Americans the peace of mind they
deserve."
Some VoIP companies, however, have announced plans to support 911
calling. In addition, Internet-based phone networks have the potential
to offer far more useful information about people who make an emergency
call than analog systems do.
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