Shutting Off the Tap?
The U.S. Court of Appeals raised questions Friday that may curtail the ability of government to extend wiretapping rules to the internet. A Clinton era law permitted the Federal Communication Commission to extend wire-tapping rules to telephone networks and the government argued that these rules should be broadly interpreted to include the internet as a whole.
The dispute arises from government regulations that would impose extensive wiretapping requirements on universities and libraries, which critics see as a mandate to build central surveillance hubs for law enforcement.
"the organizations behind the lawsuit say Congress never intended to force broadband providers--and networks at corporations and universities--to build in central surveillance hubs for the police. The list of organizations includes Sun Microsystems, Pulver.com, the American Association of Community Colleges, the Association of American Universities and the American Library Association."Defenders of the rules argue that emerging technologies such as Voice over IP (VoIP) are self evidently "telephone communication" and as this technology gains in popularity it could seriously hamper the ability of law enforcement to catch "…criminals terrorists and spies".
It seems to me that the controversy is bogged down in interpretation, and the ability of the legal community to keep up with technology that is on constant flux.
"the FBI has claimed, the need for "standardized broadband intercept capabilities is especially urgent in light of today's heightened threats to homeland security and the ongoing tendency of criminals to use the most clandestine modes of communication."However, the issue is not as cut and dried as the government is trying to claim.
"In an unusual twist, some of the FCC commissioners who unanimously approved the wiretapping rules have acknowledged that the agency was on shaky legal ground. Then-Commissioner Kathleen Abernathy, for instance, said at the time that she had "concern that an approach like the one we adopt today is not without legal risk."The ramifications for privacy advocates are clear, the people I feel sorry for are the agents who will have to sift though untold billions of text messages on collage campuses where the content amounts to little more then jejune critiques of last nights American Idol performances and chatter about the latest freshmen defenestration. In the meantime grab the popcorn folks, this could be a dogfight!

