Appeals Court Upholds Broadband Internet Wiretaps
Reuters reported that a US appeals court upheld the government's authority to force high-speed ISPs to give law enforcement authorities access for surveillance purposes. The US Court of Appeals for the District of Columbia Circuit rejected a petition aimed at overturning a decision by regulators requiring facilities-based broadband providers and those that offer Internet telephone service to comply with US wiretap laws. The court concluded that the FCC requirement was a "reasonable policy choice" even though information services are exempted from the government's wiretapping authority. The US FCC has set a May 14, 2007, deadline for compliance. Authorities are concerned that the use of Internet communications could allow terrorists and criminals to circumvent wiretaps by using email and VoIP services in lieu of telephone services. Private networks would not be subject to the wiretaps but those connected with a public network would have to comply with the regulations. The appeal was filed by the American Library Association and the Association of American Universities. For regulatory purposes, the FCC has always considered broadband Internet to be an information service, but the judges in the majority said that the service could be defined differently for wiretap purposes.
from Telecom Daily
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