Internet users who make phone calls could soon have their conversations tapped and possibly lose privacy in all other forms during Internet conversations if a previous act is adapted to the time”s new forms of technology.
A joint petition submitted by the Federal Bureau of Investigation, the Drug Enforcement Agency and the Department of Justice asked the Federal Communications Commission to make new technologies in communication applicable for monitoring national security. According to the three agencies, the Communications Assistance for Law Enforcement Act (CALEA), implemented in 1994, needs to be clarified by the FCC to include newly developed technologies used for communication, specifically, ‘voice-over IP.’ Voice-over IP is where one can use the Internet as a phone, a technology that is beginning to be used widely, especially on college campuses.
In response to the petition, thirteen institutions of higher education filed a reply stating that the agencies” petition is ‘not consistent with the current CALEA statute.’
In the response filed by the Coalition, made up of organizations such as the American Association of State Colleges and Universities and Educause, they claim that the agencies” argument is not consistent with the current law.
‘Congress meant the assistance capability plainly to apply to the public switched network when it passed CALEA in 1994,’ the response said. ‘Internet access was discussed at the time and was clearly exempted.’
The Coalition explains that applying CALEA to Internet technologies would result in a negative impact especially on college campuses and libraries across the nation.
‘It will inhibit innovation, it will compromise privacy, and it will be costly at a time when budgets are already strained to the breaking point,’ the response said.
According to the petition filed by the three agencies, CALEA was meant to include any new technologies in communication.
‘CALEA”s purpose is to preserve law enforcement”s ability to conduct lawful electronic surveillance despite changing telecommunications technologies,’ the petition said.
While the Coalition states cost of re-engineering networks to comply with the agencies” request as a major issue, both parties agree it is a legal decision regarding CALEA. According to the response from the Coalition, the decision is a matter to be decided by Congress, not the FCC.
Currently the University of Wisconsin”s network has voice-over IP capabilities, but UW officials are testing them in certain areas with no plans to implement the new technology any time soon.
‘Being able to tap into [voice-over IP] wouldn”t apply to us because we”re not using it yet,’ Department of Information Technology director of communications Brian Rust said.
Rust explained that while the matter is more legal than technological, it is possible that colleges would have to change their networks to allow tapping.
According to Rust, phone tapping is specific to telephone conversations. If federal agencies had the right to monitor voice-over IP conversations, there may be problems with isolating conversations, which could lead to monitoring all forms of Internet conversations such as chatting and e-mail.
The FCC is currently allowing any parties in the matter respond to each other”s arguments, which means they have not yet taken a stance on the issue. According to an FCC source who did not disclose her name, any action from the FCC could take at least two months. The source said the time lag could be due to a mandatory review by the full FCC committee.
She said the case is open to interested parties on public record, and the FCC is presently accepting public and private feedback on the matter.
‘Everyone has the opportunity to reply to the arguments and explain their side,’ she said.