North American Network Operators Group

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Re: [Fwd: [IP] Feds: VoIP a potential haven for terrorists]

  • From: Sean Donelan
  • Date: Sat Jun 19 01:51:38 2004

On Fri, 18 Jun 2004, Stephen Sprunk wrote:
> I'm told that most CALEA warrants only authorize a pen register, not an

CALEA and wiretaps are independent subjects.  You can have CALEA
obligations even if you never, ever implement a single wiretap. On
the other hand you may need to implement many wiretaps even though
you have no CALEA obligations.

For example, hotels and universities have traditionally been considered
not to have CALEA obligations.  However, both hotels and universities must
comply with court orders if law enforcement wants to wiretap one of their
phones.  Should CALEA be extended to hotels and universities?  Are hotels
and universities broadband Internet providers when they offer Internet
service in student dorm rooms or hotel rooms?

In reality, CALEA is a funding bill; it has very little to do with
technology.  Imagine if law enforcement thought DNA testing was too
expensive, so Congress passes a law requiring all doctors to purchase
DNA testing equipment and provide free DNA tests to law enforcement.
DNA is a complicated subject.  Few police officers are qualified to
analyze DNA. Instead law enforcement pays for professional DNA testing
when it needs DNA testing.

The FCC comment period has closed.  Everyone had an opportunity to submit
comments on the topic to the FCC.

Consult your own attorney if you want real legal advice.