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more on Ohio University announces changes in file-sharing policies
From: David Farber <dave () farber net>
Date: Fri, 27 Apr 2007 11:23:03 -0400
Begin forwarded message: From: John Morris <jmorris () cdt org> Date: April 27, 2007 11:15:07 AM EDT To: dave () farber netSubject: Re: [IP] more on Ohio University announces changes in file- sharing policies
Dave, for IP if appropriate ..... At 9:55 AM -0400 4/27/07, David Farber wrote:
Begin forwarded message: From: Jim Thompson <jim () netgate com> Date: April 27, 2007 8:58:16 AM EDT To: dave () farber netCc: Brett Glass <brett () lariat net>, dpreed () reed com, Doc Searls <doc () ssc com> Subject: Re: [IP] more on Ohio University announces changes in file- sharing policies
Of course, it remains to be seen if Ohio University is a "facilities-based Broadband service provider":
Under CALEA, the University almost certainly operates a private network. In reviewing concerns about CALEA raised by the acadamic community, the U.S. Court of Appeals for the DC Circuit rejected those concerns specifically because private networks are not covered by the order requiring compliance by May 14, 2007. As the Court confirmed:
"The Order on review-like CALEA-expressly excludes "private networks" from its reach."
See http://www.cdt.org/wiretap/calea/ 20060609dccircuitcaleadecision.pdf at page 20. So, although some universities are going down the CALEA road in an overabundance of caution, they are not obligated to take any action under CALEA.
To be clear, that does not mean they can avoid complying with a lawful wiretap or interception order -- any and all persons or entities must comply with such orders if lawfully served. But universities do not need to pro-actively design or re-architect their networks to faciliate wiretapping (which is what, in essense, CALEA requires).
John Morris -- ---------------------------------------- John B. Morris, Jr. Staff Counsel Director, Internet Standards, Technology & Policy Project Center for Democracy and Technology 1634 I Street NW, Suite 1100 Washington, DC 20006 (202) 637-9800 (202) 637-0968 fax jmorris () cdt org http://www.cdt.org ---------------------------------------- ------------------------------------------- Archives: http://v2.listbox.com/member/archive/247/=now RSS Feed: http://v2.listbox.com/member/archive/rss/247/ Powered by Listbox: http://www.listbox.com
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- more on Ohio University announces changes in file-sharing policies David Farber (Apr 27)
- more on Ohio University announces changes in file-sharing policies David Farber (Apr 27)
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