Critics Attack VoIP Wiretapping Ruling

1:00 pm on August 12, 2005 | Category: Law, Regulation, VoIP

A recent ruling from the FCC says that internet telephony services must allow for built in wiretapping capabilities, just as conventional phone companies have to. This move has been bitterly opposed by civil libertarians, VoIP providers, and technology companies alike.

This ruling comes as an expansion of the Communications Assistance for Law Enforcement Act (CALEA), which was introduced in 1994, and requires landline and cellular networks to accommodate a variety of wiretaps for use by law enforcement agencies. CALEA, however, only applies to phone networks, and categorically excludes “information systems” such as the internet.

So the real question is whether VoIP networks are classifiable as “phone networks” or as “information systems”. Civil liberty groups strongly believe that since all VoIP data travels though the internet, it should clearly be exempt from CALEA, and that monitoring internet telephony data is a clear violation of citizens’ rights.

A spokesman from the US Justice Department on the other hand was quoted as saying that monitoring modern communications technology is crucial to the nation’s safety and security.

One thing that’s for sure is that this will not be the end of this debate. John Morris, a Center for Democracy and Technology lawyer says that he believes a legal challenge on the ruling to be “highly likely at this point”, and it is quite likely that congress will overrule the FCC’s decision if VoIP providers challenge the new requirements in court.

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    1. [...] Although somewhat long winded and complex, the FCC’s announcement seems to be avoiding some of the important issues involved, and there has been some debate about whether the wiretapping of VoIP services is even legal. [...]

      Pingback by FCC VoIP Wiretapping Laws Complicated and Unclear » Telecommunications Industry News — September 27, 2005 #

    2. [...] As the FCC’s Communications Assistance for Law Enforcement Act (CALEA) deadline draws nearer, VoIP providers across America are rushing to roll out wiretapping technology. [...]

      Pingback by FCC Likely to Increase VoIP Regulation in Years to Come » Telecommunications Industry News — May 24, 2006 #

    3. [...] A coalition of technology companies and privacy advocates have recently filed court papers challenging the FCC ruling that VoIP is subject to normal wiretapping laws. [...]

      Pingback by Legal Challenge Issued against VoIP Wiretapping Ruling » Telecommunications Industry News — May 24, 2006 #

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