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[DMCA-Activists] Powell on VoIP + CALEA NPRM
From: |
Seth Johnson |
Subject: |
[DMCA-Activists] Powell on VoIP + CALEA NPRM |
Date: |
Wed, 04 Aug 2004 10:05:59 -0400 |
-------- Original Message --------
Subject: [IP] FCC Chmn: VOiP and the Feds
Date: Wed, 4 Aug 2004 09:25:41 -0400
From: David Farber <address@hidden>
Reply-To: address@hidden
To: Ip <address@hidden>
Begin forwarded message:
From: "Meeks, Brock (MSNBCi)" <address@hidden>
Date: August 4, 2004 9:13:23 AM EDT
To: address@hidden
Subject: FCC Chmn: VOiP and the Feds
And so the hammer drops on VOiP:
STATEMENT OF CHAIRMAN MICHAEL K. POWELL
Re: In the Matter of Communications Assistance for Law Enforcement Act and
Broadband Access and Services, RM-10865, ET Docket No.
We are entering a dynamic space in the evolution of Internet voice
services and applications. As technologies re-shape communications, this
Commission must continually assess the needs of the law enforcement
community under the Communications Assistance for Law Enforcement Act
("CALEA").
More and more people are taking advantage of these new and exciting
competitive voice offerings, and we are starting to see substantial
consumer and economic benefits emerge. The development and success of the
Internet has been a result, in part, of our desire to maintain its
minimally regulated status.
Above all, law enforcement access to IP-enabled communications is
essential.
CALEA requirements can and should apply to VoIP and other IP enabled
service providers, even if these services are "information services" for
purposes of the Communications Act. The NPRM we issue today demonstrates
that the interests of the law enforcement community can be fully addressed
for potential information services and these interests need not be an
excuse for imposing onerous common carrier regulations on vibrant new
services.
Previous Commission action on CALEA has focused primarily on circuit-mode
technology. Today's item takes a major step in implementing CALEA,
particularly with respect to new packet-mode technologies, by tentatively
concluding that broadband Internet access services and managed voice over
Internet protocol ("VoIP") services are subject to CALEA.
The item also tentatively concludes that non-managed, or
disintermediated, VoIP and Instant Messaging are not subject to CALEA, and
that it is unnecessary to identify future services and entities subject to
CALEA. Additionally, the item addresses important compliance and cost
issues, and requests comment on (1) the feasibility of carriers relying on
a trusted third party to manage their CALEA compliance obligations; and (2)
whether standards for packet technologies are deficient and preclude
carriers relying on them as safe harbors for complying with CALEA's
capability requirements. Finally, in the companion Declaratory Ruling
grants in part a Law Enforcement request in the Petition and clarifies that
commercial wireless "push-to-talk" services are subject to CALEA,
regardless of the technologies that Commercial Mobile Radio Service
providers choose to apply in offering them.
I write to make clear that our tentative conclusion is expressly limited to
the requirements of the CALEA statute and does not indicate a willingness
on my part to find that VoIP services are telecommunications services under
Title II of the Communications Act. We have before us a pending rulemaking
and several petitions for declaratory ruling that address themselves to the
classification of VoIP services and nothing in this item prejudices the
outcome of those proceedings.
Our support for law enforcement is unwavering; it is our goal in this
proceeding to ensure that law enforcement agencies have all of the
electronic surveillance capabilities that CALEA authorizes to combat crime
and terrorism and support Homeland Security. The Commission will devote
the necessary resources to expeditiously and responsibly complete this
task. In the interim, carriers, the law enforcement community and the
Commission must continue to work in partnership to ensure that law
enforcement retains access to the information they have now and to ensure
that they have the tools they need in this ever changing environment.
--end--
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