FBI pushes for broadband wiretap powers
ISPs, Net phone services would all have to rewire

By Ben Charny

A far-reaching proposal from the FBI, made public Friday, would require all broadband Internet providers, including cable modem and DSL companies, to rewire their networks to support easy wiretapping by police.

The FBI's request to the Federal Communications Commission aims to give police ready access to any form of Internet-based communications. If approved as drafted, the proposal could dramatically expand the scope of the agency's wiretap powers, raise costs for cable broadband companies and complicate Internet product development.

Legal experts said the 85-page filing includes language that could be interpreted as forcing companies to build backdoors into everything from instant messaging and voice over Internet Protocol (VoIP) programs to Microsoft's Xbox Live gaming service. The introduction of new services that did not support a back door for police would be outlawed, and companies would be given 15 months to make sure existing services comply.

"The importance and the urgency of this task cannot be overstated," says the proposal, which is also backed by the U.S. Department of Justice and the Drug Enforcement Administration.

"The ability of federal, state and local law enforcement to carry out critical electronic surveillance is being compromised today."

Because the eavesdropping scheme has the support of the Bush administration, the FCC is expected to take it very seriously. Last month, FCC Chairman Michael Powell stressed that "law enforcement access to IP-enabled communications is essential" and police must have "access to communications infrastructure they need to protect our nation."

The request from federal police comes almost a year after representatives from the FBI's Electronic Surveillance Technology Section approached the FCC and asked that broadband providers be required to provide more efficient, standardized surveillance facilities. Such new rules were necessary, the FBI argued, because terrorists could otherwise frustrate legitimate wiretaps by placing phone calls over the Internet.

"It is a very big deal and will be very costly for the Internet and the deployment of new technologies," said Stewart Baker, who represents Internet providers as a partner at the Steptoe and Johnson law firm. "Law enforcement is very serious about it. There is a lot of emotion behind this. They have stories that they're very convinced about in which they have not achieved access to communications and in which wiretaps have failed."

Broadband in the mix

Broadband providers say the FBI's request would, for the first time, force cable providers that sell broadband to come under the jurisdiction of 1994's Communications Assistance for Law Enforcement Act (CALEA), which further defined the already existing statutory obligations of telecommunications carriers to help police conduct electronic surveillance. Telephone companies that use their networks to sell broadband have already been following CALEA rules.

"For cable companies, it's all new," said Bellsouth spokesman Bill McCloskey.

Several cable providers, including Comcast Communications, Time Warner Cable and Cablevision had no immediate comment on the FBI's request.

The FBI proposal would also force Vonage, 8x8, AT&T and other prominent providers of broadband telephone services to comply with CALEA.

Executives from these companies have said in the past that they all intend to comply with any request law enforcement makes, if technically possible.

Broadband phone service providers say they are already creating a code of conduct to cover some of the same issues addressed by the FBI, but on a voluntary basis, according to Jeff Pulver, founder of Free World Dialup.

"We have our chance right now to prove to law enforcement that we can do this on a voluntary basis," Pulver said. "If we mandate and make rules, it will just complicate things."

Under CALEA, police must still follow legal procedures when wiretapping Internet communications. Depending on the situation, such wiretaps do not always require court approval, in part because of changes to wiretapping laws made by the USA Patriot Act.

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Gazz

Society is not really free anymore. The FBI don't really need to tap or wiretap into anything. They can use other devices more sinister than the one they are reported to conduct.

Oh well, more freedom from government invasion gone out the door...... With no proof it will do anything except fatten Federal Files on everyone.

Make way for Big Brother!

i dont think this gonna do much i think the fbi just want to invade your privacy!!!!! Im sure those terrorist people are smart enough to use encryption if they gonna sent msg only specific people. or use those hide msg in picture (i dunno know whats it call). Glad im not in America. otherwise the fbi will be listening to my phone call

So what ,
until the FBI or any other type of Big Brother wana bee, become biger than God who can see all,then ill worry about it.
if God can see all,so what if a bunch of humans wana play Big bro.

To be perfectly honest with you if it stops what happened in madrid happening here in ma home town of glasgow or any of your cities, then i dont care who sees what im doin ive got nothin to hide.

All this nonensence about infringing on civil liberties means nothing when a bomb tears through your home.

From what I have read most terrorists would communicate to each other by talking or verbal communication on cell phones and also by video tape or talking to each other the old fashion way. They must use some mail to send tapes over.

The FBI is just taking an easy way out by just wiretapping. To counter act terrorism they have to send people out of the offices to do the dirty work. Now what white collar FBI guy wants to get his hands all dirty and go out of the office. So that is why they do wiretapping. Wiretapping = Lazy.

The Thought Police are on the move again

I have a question, does wiretapping includes housing regulations standards? What I am trying to say is, Does the government required and used housing standard to illegally put in wiretapping equipment without the building owners knowledge? Such as when the building was constructed or when the building have to meet up to code they install something because the government requires so.

I remembered after the 9/11 thing, so building have builded in alarm system but no one knew about it until it was tested soon after the attacks.

This question above about the Housing Regulations, also applies to homes and apartments. Such as in an act of war, homes/houses and apartments can listen in from the government or other government agencies without TV or radio (since if we are attacked TV/Radio will be out).

America was the first of the European colonies to separate successfully from its motherland, and it was the first nation to be established on the premise that sovereignty rests with its citizens and not with the government.



Wouldn't it be nice if our country was still based on that premise?

In honesty, all the infringing on our rights in the name of stopping terrorism will probably backfire the more the take away our rights.

I guarantee it. When a million people show up in Washington D.C. and demand to be heard, it is a powerful, moving expression of what it means to be human, social and conscious. Next time it will be three million people. Then if they are still not heard. I think you can guess what might occur then.

sorry i didnt realise you were all experts on counter terrorism,

more backdoors for hackers ! As if we didnt already have enough thanks to microsoft ...