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FCC's 2004 Ruling: Impacts on Internet Security and Communications

On August 9th, 2004, the U.S. Federal Communications Commission (FCC) took a major step toward mandating the creation and implementation of new Internet Protocol standards to make all Internet communications less safe and less secure. What is even worse, the FCC's ruling will force ISP's and others to pay what may amount to billions of dollars to ensure that IP traffic remains insecure. . . .. On August 9th, 2004, the U.S. Federal Communications Commission (FCC) took a major step toward mandating the creation and implementation of new Internet Protocol standards to make all Internet communications less safe and less secure. What is even worse, the FCC's ruling will force ISP's and others to pay what may amount to billions of dollars to ensure that IP traffic remains insecure. The FCC ruling comes pursuant to a request by U.S. law enforcement agencies to extend the reach of a decade old federal statute, the Communications Assistance for Law Enforcement Act, or CALEA, to broadband Internet service providers including cable companies, DSL providers, satellite providers and even electric companies that provide inline Internet access. The ruling, if it becomes final, may require such ISPs to create and deploy new and expensive technologies that would ensure that communications carried over broadband were deliberately insecure and capable of being intercepted, retransmitted, read, and understood by law enforcement. Of course, whatever law enforcement can do, hackers will be able to do easier and faster. What this means is that IP protocols may have to be adjusted, and the future of encryption may also be in doubt. A Brief History of Taps To understand CALEA, you need a bit of history. From the dawn of Alexander Graham Bell to 1968, there were few if any specific rules on the legal requirements for listening in on electronic communications. The U.S. Supreme Court had tried to apply the precepts of the Fourth Amendment's protections of the privacy of "persons, places, houses and effects" to a voice traveling over awire, finally concluding in 1963 that the amendment protects people's privacy rights, not simply their physical location. In response, Congress passed the Omnibus Crime Control and Safe Streets Act of 1968, Title III of which established the rules for intercepting telephone calls. The link for this article located at is no longer available. . The FCC's 2004 decision transformed Internet communications, impacting net neutrality, ISP control, content delivery, security, and digital rights discussions.. Internet Standards,Cable Regulation,Law Enforcement Act,Data Privacy,Encryption Threat. . Anthony Pell

Aug 17, 2004 • Anthony Pell Network Security