Fed mulls wiretap access to Net
Regulators struggle over a decision that could give the FBI new wiretap access to Internet voice calls, and possibly email.
The Federal Communications Commission released a proposal last week for implementing the 1994 Communications Assistance for Law Enforcement Act (CALEA), a measure that requires telephone companies to provide law enforcement with access to digital call information.
But the report left untouched the issue of whether the FBI would get new powers to tap Net calls. An FCC staffer, who asked to remain anonymous, said the question of how Net calls will be treated remains wide open, and may be decided during another round of public comments.
Congress passed CALEA in 1994, after law enforcement officials complained that digital technology undermined their ability to tap telephone lines. The bill was intended to give the FBI and other police agencies the same access to digital communications, that they already have to traditional phone lines.
Yet the technological landscape has changed since Congress' action. Voice transmissions using Internet technologies have moved from hobbyists' basements and into the corporate mainstream. Companies like "="" rel="">Qwest are building whole business strategies around Net-based telephony, while the amount of data traffic on public networks has soared.
The FBI wants access to these Net calls, and the leading industry proposal being reviewed by the FCC allows this. But civil liberties groups warn that this access goes beyond the original law's bounds, which don't apply well to Internet communications.
"Congress said very explicitly that the CALEA law was not intended to apply to Internet communications," said Barry Steinhardt, president of the Electronic Frontier Foundation. "Over the long term this is the ability to get packet-switched data, not just voice information."
"For us it's impossible to do just the one thing," said Grant Seiffert, vice president of governmental relations for the Telecommunications Industry Association. "Once you've opened the can of worms, the whole can stays open."
The EFF, along with the Center for Democracy and Technology (CDT), the American Civil Liberties Union (ACLU), and the Electronic Privacy Information Center(EPIC), have lobbied the FCC hard to keep Net calls out of the wiretapping law for this reason.
"The FBI is saying, 'Trust us, give us the whole message and we'll strip out the call content,'" Steinhardt said. "We just don't trust them."
For its part, the FBI says it needs access to the Net calls, or criminals will be able to hide in the telecommunications loophole. Officials have repeatedly said they will not violate court orders to look at the content of calls or data messages
The argument doesn't sway civil liberties groups. "If it's not feasible, the telcos shouldn't have to hand the information over," Steinhardt said. "[The FBI] shouldn't be given access to information they're not entitled to."
Comments on the issue of tapping Net calls, as well as the rest of the FCC's digital wiretapping plan, are due December 14. Telephone companies are not required to comply with the CALEA provisions until June 30, 2000.