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IP: Don't you love regulatory law talk -- Definition of information access - does it fit ?)
From: David Farber <dave () farber net>
Date: Fri, 20 Apr 2001 16:19:46 -0400
X-Mailer: Internet Mail Service (5.5.2653.19) Date: Fri, 20 Apr 2001 11:42:40 -0400 Reply-To: Telecom Regulation & the Internet <CYBERTELECOM-L () LISTSERV AOL COM> Sender: Telecom Regulation & the Internet <CYBERTELECOM-L () LISTSERV AOL COM> From: Chris Savage <chris.savage () CRBLAW COM> Subject: Re: CALEA and (Re: Definition of information access - does it fit ?) To: CYBERTELECOM-L () LISTSERV AOL COM-----Original Message----- From: Chip Sharp [mailto:chsharp () CISCO COM] Sent: Friday, April 20, 2001 11:37 AM To: CYBERTELECOM-L () LISTSERV AOL COM Subject: CALEA and (Re: Definition of information access - does it fit?) So if access to ISPs is "information access" this would imply that ISPs are "Information Service Providers" and therefore CALEA does not apply to them, even if they do happen to be providing a VoIP, no?Well, not quite. IIRC, the FCC ruled in an 8/99 (?) CALEA order that the requirements of CALEA apply to carriers, which it defined as essentially entities meeting the common law test for being a carrier (see NARUC v. FCC from, I think, 1982 or so; also some FCC decisions under the "Norlight" name). So the question is whether an ISP doing VoIP meets the common law definition of "carrier." Note in this regard that the '96 Act defined the term "telecommunications carrier" and related terms in such a way as to make clear that an entity can be doing a lot of things, only some of which are "carrier" things, and that carrier-like regulation only applies to the "carrier-like" things they are doing. This is good, in that it makes clear that a non-regulated entity getting into the carrier business will not be thoroughly regulated by virtue of that choice; only the carrier activities will be regulated. OTOH it opens the possibility that an ISP might be happily and totally non-regulated as to all of its activities *except* VoIP, if its VoIP activities otherwise meet the "carrier" criteria. Now, that said, it may well be that something in the actual order on this point will lend aid and comfort to one side or another of the VoIP debate. But the mere fact that dial-up connections to ISPs are now, apparently, this new thing called "information access" leaves that debate as murky as ever. Chris S. *************************************************************************** This electronic mail transmission may contain confidential or privileged information. If you believe that you have received the message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. ***************************************************************************
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- IP: Don't you love regulatory law talk -- Definition of information access - does it fit ?) David Farber (Apr 20)