more on Judge Calls FCC's Internet Wiretapping Arguments 'Gobbledygook'

[David Farber <dave () farber net>]

Begin forwarded message:

From: "Michael Froomkin - U.Miami School of Law"  
<froomkin () law miami edu>
Date: May 8, 2006 5:11:35 PM EDT
To: David Farber <dave () farber net>
Subject: Re: [IP] Judge Calls FCC's Internet Wiretapping Arguments  
'Gobbledygook'
Reply-To: froomkin () law tm

This story has been way over-hyped by the media.
One judged on a 3-judge panel -- the sole liberal -- makes these  
comments. One judge, very very conservative, is skeptical, but  
doesn't commit.
And one judge, ultra-rightwing, is silent.



On Mon, 8 May 2006, David Farber wrote:

> Begin forwarded message:
>
> From: Chuck Brownstein <charles.brownstein () verizon net>
> Date: May 8, 2006 2:56:41 PM EDT
> To: dave () farber net
> Subject: Judge Calls FCC's Internet Wiretapping Arguments  
> 'Gobbledygook'
> Reply-To: charles.brownstein () verizon net
>
> from
> http://www.informationweek.com/industries/showArticle.jhtml? 
> articleID=187200892&articleID=187200892&sa_type=&section=industries&su 
> bSection=News+By+Vertical+Industry
>
> Judge Calls FCC's Internet Wiretapping Arguments 'Gobbledygook'
>
> The FCC is in front of the U.S. Court of Appeals, attempting to  
> justify its requirement that broadband and Internet telephony  
> providers need to comply with U.S. wiretap laws to permit  
> government surveillance.
>
> By Reuters
> InformationWeek
>
> May 5, 2006 09:03 PM
>
>
>
>
> WASHINGTON - U.S. telecommunications regulators Friday faced tough  
> questioning from a federal appeals court about whether the  
> government can force broadband Internet service providers to give  
> law enforcment authorities access for surveillance purposes.
>
> One of the three judges hearing the case called the government's  
> rationale for the surveillance requirement "gobbledygook," and  
> another also expressed reservations.
>
> "This is totally ridiculous. I can't believe you're making this  
> argument," Judge Harry Edwards told the Federal Communications  
> Commission lawyer.
>
> The issue before the U.S. Court of Appeals for the District of  
> Columbia is a decision by the FCC in August requiring facilities- 
> based broadband providers and those that offer Internet telephone  
> service to comply with U.S. wiretap laws.
>
> The FCC has set a May 14, 2007 deadline for compliance.
>
> Authorities are concerned that the growth of Internet  
> communications could allow criminals to circumvent wiretaps by  
> using e-mail and Internet phone service instead of traditional  
> telephone services.
>
> Private networks would not be subject to the wiretap requirements  
> but those that are connected with a public network would have to  
> comply with the law.
>
> The FCC decision prompted an appeal by universities and libraries.  
> The groups, including the American Library Association and  
> Association of American Universities, challenged the agency's  
> authority to extend such requirements to high-speed Internet services.
>
> The groups challenging the decision note that the law contains an  
> exemption for "information services." They say the FCC has long  
> included broadband Internet in that category.
>
> Judge Edwards agreed. And he scoffed at the FCC's argument that  
> broadband Internet services included a separate telecommunications  
> "component" that made it subject to the wiretapping requirements.
>
> "Your argument makes no sense," Edwards told Jacob Lewis, an  
> associate general counsel with the FCC.
>
> "I'm sorry I'm not making myself clear," Lewis said.
>
> "You're making yourself very clear. That's the problem," Edwards  
> replied.
>
> One of the other two justices on the panel, David Sentelle,  
> expressed more sympathy for the government's argument, especially  
> regarding the idea of extending the surveillance requirements to  
> Internet phone service. But Sentelle also sounded skeptical about  
> the FCC's position on broadband services.
>
> The third judge, Janice Brown, did not question the lawyers.
>
>
> By: Peter Kaplan
>
>
>
> -------------------------------------
> You are subscribed as froomkin () law miami edu
> To manage your subscription, go to
> http://v2.listbox.com/member/?listname=ip
>
> Archives at: http://www.interesting-people.org/archives/interesting- 
> people/

--
http://www.icannwatch.org   Personal Blog: http://www.discourse.net
A. Michael Froomkin   |    Professor of Law    |   froomkin () law tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
+1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
                       -->It's warm here.<--


-------------------------------------
You are subscribed as lists-ip () insecure org
To manage your subscription, go to
 http://v2.listbox.com/member/?listname=ip

Archives at: http://www.interesting-people.org/archives/interesting-people/