[IP] more on Judge Calls FCC's Internet Wiretapping Arguments 'Gobbledygook'
Begin forwarded message:
From: "Michael Froomkin - U.Miami School of Law"
<froomkin@xxxxxxxxxxxxx>
Date: May 8, 2006 5:11:35 PM EDT
To: David Farber <dave@xxxxxxxxxx>
Subject: Re: [IP] Judge Calls FCC's Internet Wiretapping Arguments
'Gobbledygook'
Reply-To: froomkin@xxxxxx
This story has been way over-hyped by the media.
One judged on a 3-judge panel -- the sole liberal -- makes these
comments. One judge, very very conservative, is skeptical, but
doesn't commit.
And one judge, ultra-rightwing, is silent.
On Mon, 8 May 2006, David Farber wrote:
Begin forwarded message:
From: Chuck Brownstein <charles.brownstein@xxxxxxxxxxx>
Date: May 8, 2006 2:56:41 PM EDT
To: dave@xxxxxxxxxx
Subject: Judge Calls FCC's Internet Wiretapping Arguments
'Gobbledygook'
Reply-To: charles.brownstein@xxxxxxxxxxx
from
http://www.informationweek.com/industries/showArticle.jhtml?
articleID=187200892&articleID=187200892&sa_type=§ion=industries&su
bSection=News+By+Vertical+Industry
Judge Calls FCC's Internet Wiretapping Arguments 'Gobbledygook'
The FCC is in front of the U.S. Court of Appeals, attempting to
justify its requirement that broadband and Internet telephony
providers need to comply with U.S. wiretap laws to permit
government surveillance.
By Reuters
InformationWeek
May 5, 2006 09:03 PM
WASHINGTON - U.S. telecommunications regulators Friday faced tough
questioning from a federal appeals court about whether the
government can force broadband Internet service providers to give
law enforcment authorities access for surveillance purposes.
One of the three judges hearing the case called the government's
rationale for the surveillance requirement "gobbledygook," and
another also expressed reservations.
"This is totally ridiculous. I can't believe you're making this
argument," Judge Harry Edwards told the Federal Communications
Commission lawyer.
The issue before the U.S. Court of Appeals for the District of
Columbia is a decision by the FCC in August requiring facilities-
based broadband providers and those that offer Internet telephone
service to comply with U.S. wiretap laws.
The FCC has set a May 14, 2007 deadline for compliance.
Authorities are concerned that the growth of Internet
communications could allow criminals to circumvent wiretaps by
using e-mail and Internet phone service instead of traditional
telephone services.
Private networks would not be subject to the wiretap requirements
but those that are connected with a public network would have to
comply with the law.
The FCC decision prompted an appeal by universities and libraries.
The groups, including the American Library Association and
Association of American Universities, challenged the agency's
authority to extend such requirements to high-speed Internet services.
The groups challenging the decision note that the law contains an
exemption for "information services." They say the FCC has long
included broadband Internet in that category.
Judge Edwards agreed. And he scoffed at the FCC's argument that
broadband Internet services included a separate telecommunications
"component" that made it subject to the wiretapping requirements.
"Your argument makes no sense," Edwards told Jacob Lewis, an
associate general counsel with the FCC.
"I'm sorry I'm not making myself clear," Lewis said.
"You're making yourself very clear. That's the problem," Edwards
replied.
One of the other two justices on the panel, David Sentelle,
expressed more sympathy for the government's argument, especially
regarding the idea of extending the surveillance requirements to
Internet phone service. But Sentelle also sounded skeptical about
the FCC's position on broadband services.
The third judge, Janice Brown, did not question the lawyers.
By: Peter Kaplan
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