CALEA suits filed
A great group of companies and organizations filed with the D.C. Circuit today a petition for review challenging the FCC's CALEA order.
The case will be called COMPTEL v. FCC, and the petitioners are the American Library Association, the Association of Research Libraries, COMPTEL, the Center for Democracy and Technology, the Electronic Frontier Foundation, the Electronic Privacy Information Center, Pulver.com, and Sun Microsystems.
The American Council on Education yesterday filed a separate petition for review of the same order.
It's great to see this initiative get under way. The FCC has arguably overstepped its statutory authority, likely under extreme pressure from law enforcement. More fundamentally, it's time to address whether the extraordinary costs of surveillance to innovation and economic growth are always worth it.
There's been no demonstration that the FBI is having trouble implementing wiretaps, and it cannot be that every other interest in America comes second to security — particularly when the government agencies involved don't appear to be skilled at actually working with the data they already gather.
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Hi Susan,
No, it's actually rather disconcerning to see this “initiative” underway, and I'll predict on procedural grounds alone the petition will be quickly dismissed. The First Order was very carefully and narrowly crafted to provide minimal necessary forensic evidence needed not only for law enforcement but for critical infrastructure protection as well.
The capabilities being sought are substantially less than exist worldwide - which is why virtually every significant product vendor has lawful interception solutions baked into the products already. To the extent that is not the case, an inexpensive access device does the trick.
This is not “bowing to pressure from law enforcement,” but rather doing what is needed for protection of the public and public infrastructure. It is why virtually every other government in the world has imposed requirements at least as extensive.
–tony