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more on House hearings on CALEA
From: David Farber <dave () farber net>
Date: Fri, 10 Sep 2004 10:36:46 -0400
Begin forwarded message: From: "sbaker () steptoe com" <sbaker () steptoe com> Date: September 10, 2004 9:14:56 AM EDT To: "'dave () farber net'" <dave () farber net> Cc: "Albertazzie, Sally" <SAlbertazzie () steptoe com> Subject: RE: [IP] House hearings on CALEA Dave,I testified for the Telecommunications Industry Association at this hearing,
and I made this point directly. CALEA has an enforcement provision that allows the FBI to sue any carrier for noncompliance. But the FBI has toshow that the noncompliance actually prevented a wiretap, and a carrier can defend by showing that compliance wasn't reasonably achievable or the FBI could have gotten the information some other way. The FBI has never brought
an enforcement action under CALEA, which strongly suggests that it can't meet the statute's requirements, which in turn ought to make us prettyskeptical about any claims that heavy new regulation of the kind proposed by
the FCC is needed.The testimony is on line at www.steptoe.com/publications/bakertestimony.pdf.
Stewart Baker -----Original Message----- From: David Farber [mailto:dave () farber net] Sent: Friday, September 10, 2004 6:58 AM To: ip () v2 listbox com Subject: [IP] House hearings on CALEA Begin forwarded message: From: Sean Donelan <sean () DONELAN COM> Date: September 9, 2004 11:25:09 PM EDT To: CYBERTELECOM-L () LISTSERV AOL COM Subject: House hearings on CALEA Reply-To: Telecom Regulation & the Internet <CYBERTELECOM-L () LISTSERV AOL COM>Of course, CALEA is not a wiretap law. Compliance with a court order for a wiretap is not necessarily related to compliance with CALEA. If there is no technical reason why carriers can not provide wiretaps to law enforcement,
what does CALEA change? The FBI continues to decline to identify a single case where a carrier refused to comply with a court order. If it has happened, why hasn't thejudge supervising the wiretap order found the provider in contempt of court?
Several years ago Earthlink challanged on order, but the judge ordered Earthlink to comply, and it did. Is raising the spector the same as saying it happened? Or is it just imagination? House subcommittee told carriers can comply with CALEA by HEATHER FORSGREN WEAVER Sept. 09, 2004 12:43 PM ESTWASHINGTON.There is no technical reason for carriers not to comply with the
digital wiretap act, a senior government official said Wednesday. [...] "Unfortunately, when it comes to telecommunications technology, many terrorists are not as primitive as their evil and demented worldview. Infact, law enforcement raises the specter of terrorists exploiting perceived
technological gaps with respect to certain services for whichtelecommunications carriers are unable to provide, or are unable to provide
in useable form, the content of communications or related information asrequired by court order," said Rep. Fred Upton (R-Mich.), chairman of the
House telecommunications subcommittee. http://rcrnews.com/cgi-bin/news.pl?newsId=19536 ------------------------------------- You are subscribed as SBaker () steptoe com To manage your subscription, go to http://v2.listbox.com/member/?listname=ipArchives at: http://www.interesting-people.org/archives/interesting-people/
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- more on House hearings on CALEA David Farber (Sep 10)