[DMCA-Activists] Powell on VoIP + CALEA NPRM

[Seth Johnson]

-------- 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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