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EFF to Fight FCC Over New Broadband Wiretaps
FCC forcing broadband providers to create backdoors

As mentioned yesterday, the FCC released an order that allows law enforcement to apply the same wiretap laws used for traditional landlines, to VoIP. Those laws never allowed the monitoring of information systems (broadband), but some legal experts argue the FCC has manipulated and stretched the language to imply such. As it stands, the FCC is forcing ISPs to include network backdoors and rewire their networks to accommodate wiretaps by 2007.

It's a move the Electronic Frontier Foundation has announced they will fight in court, by suggesting that the FCC has over-stepped their mandate, and stepped on the toes of Congress. "A tech mandate requiring backdoors in the Internet endangers the privacy of innocent people, stifles innovation, and risks the Internet as a forum for free and open expression," says Kurt Opsahl, EFF staff attorney. "The FCC's overreach is an attempt to overrule Congress's decision to exclude 'information services," (in the original CALEA wiretap laws) argues EFF attorney Lee Tien.

This has been a two-pronged attack on the part of Uncle Sam. While the FCC has worked to try and stretch CALEA to fit VoIP and broadband networks, the FBI has been working closely with hardware vendors to include backdoors in network gear.

Since 2003, Company's like MetaSwitch have created hardware that embeds police spy features to comply with the CALEA. "We simplified providing CALEA compliance for our customers by incorporating CALEA functionality on-board the MetaSwitch VP3500 rather than requiring additional external equipment", said John Lazar, Vice President of Sales and Marketing explained at the time. Cisco's Lawful Intercept Control technology is another result of that collaboration.

The FCC & FBI's approach isn't shocking, and many privacy advocates point back to 1999 when the door was left ajar on the issue of internet monitoring by the Internet Engineering Task Force. By not settling the issue then (which at the time was seen as a privacy and civil victory), you've now got the FBI and FCC making the decision for you.
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kapil
The Kapil
join:2000-04-26
Chicago, IL

kapil

Member

Yay!

I'm glad my EFF membership contributions are paying off!

I wish there were a 12 step program for stupidity...the FCC needs it!

vdiv
Premium Member
join:2002-03-23
Reston, VA

vdiv

Premium Member

Re: Yay!

The FCC is just the messenger. Homeland Security is most likely the one pushing for the capability.

You can run, but you can't hide, only the bad guys can.

footballdude
Premium Member
join:2002-08-13
Imperial, MO

footballdude

Premium Member

Re: Yay!

The FCC answers to Congress, which is overrun with stupidity.
wuy3
join:2004-08-04
North Haven, CT

wuy3

Member

Re: Yay!

too bad congress doesn't care about our privacy:(
grumpygeek
join:2004-12-14
Houston, TX

grumpygeek

Member

Re: Yay!

I hate to break it to everyone, but, you really need to work pretty hard to get the attention of these folks. All those mp3's and that AVI you downloaded will get you a bill from the RIAA, but they don't warrant (no pun intended) the massive expense and manpower required for an intercept.

If it makes everyone feel important to imagine that the black helicopters are circling because you donated $10 to the Hare Krishna at the airport, well, you just stick with that.

vdiv
Premium Member
join:2002-03-23
Reston, VA

vdiv

Premium Member

Re: Yay!

Actually, the whole point of CALEA is to decrease the "massive expense and manpower required for an intercept" by making the service providers do most of the work to quickly and securely establish surveillance with a court order.

CALEA or not on VoIP calls, government (mis)(ab)use of power is always an issue. I'd rather believe the three branches of the US government are there to help us, and that there are powerful checks and balances in place to keep it that way. The Constitutional amendment for unreasonable searches remains in place and every court will throw out evidence collected in that matter.
ross7
join:2000-08-16

ross7

Member

Re: Yay!

said by vdiv:

Actually, the whole point of CALEA is to decrease the "massive expense and manpower required for an intercept" by making the service providers do most of the work to quickly and securely establish surveillance with a court order.

CALEA or not on VoIP calls, government (mis)(ab)use of power is always an issue. I'd rather believe the three branches of the US government are there to help us, and that there are powerful checks and balances in place to keep it that way. The Constitutional amendment for unreasonable searches remains in place and every court will throw out evidence collected in that matter.
In your altruistic dreams! Better take another look at the USAPATRIOTACT, BANK SECRECY ACT, FISA, the politicized courts, the over-reaching Justice Department, and the ignominious Homeland Security Department before you toddle off to dreamland without your tinfoil hat on these days.

iamsomeone
@stmarytx.edu

iamsomeone to footballdude

Anon

to footballdude
I thought the FCC just answers to corporations or industries (broadcast flag etc)? well i guess congress does to...

guitarzan
Premium Member
join:2004-05-04
Skytop, PA

1 recommendation

guitarzan to vdiv

Premium Member

to vdiv
said by vdiv:

The FCC is just the messenger. Homeland Security is most likely the one pushing for the capability.

You can run, but you can't hide, only the bad guys can.
This a very clear cut issue of who the government views as the enemy....It's the American people.It's also quite clear the government is doing its very best to put the shackles of tyranny and enslave "we the people" .Homeland Security act,Patroit act,gun control,eminent domain,cameras on street corners.Highway "safety" checkpoints,warrantless search and seizures employed at these "checkpoints".No knock searches and the Patroit's Act "sneak and Peak".Now wire tapping voip, landlines, hardware with backdoors for the net.American Citizens WE are the enemy. History is indeed repeating itself

The broad masses of a population are more amenable to the appeal of rhetoric than to any other force. -
Adolf Hitler

The great masses of the people will more easily fall victims to a big lie than to a small one. -
Adolf Hitler

The great strength of the totalitarian state is that it forces those who fear it to imitate it. -
Adolf Hitler

What good fortune for governments that the people do not think. -
Adolf Hitler

"Make the lie big, make it simple, keep saying it, and eventually they will believe it" - Adolph Hitler

"Strength lies not in defense but in attack" - Adolph Hitler

For when a people is not willing or able to fight for its existence-- Providence in its eternal justice has decreed that people's end. - Adolf Hitler (Mein Kampf)

"This year 1935 will go down in history! For the first time, a civilized nation has full gun registration! Our streets will be safer, our police more efficient, and the world will follow our lead into the future!" - Adolph Hitler

Yup we are on the slippery slope now and the skids are greased.

Gwailo
join:2000-07-16
Richardson, TX

Gwailo

Member

Uh...

Did you really expect anything different?

TechyDad
Premium Member
join:2001-07-13
USA

TechyDad

Premium Member

Network backdoors are a bad idea

Once you build a backdoor into your network, how long will it take before some hacker figures out how to use it for his own nefarious purposes?
Xure
join:2003-11-14
Beverly Hills, CA

Xure

Member

Re: Network backdoors are a bad idea

Exactly.

All I needs now is some hacker cherrypicking CC numbers and other business and financial info from routers all over my ISP. Imagine a hacker being able to listen in on financial transactions in a large bank and its network.

No system is bullet-proof.
meta
join:2004-12-27
00000

meta

Member

Re: Network backdoors are a bad idea

I trust crackers and script kiddies watching my traffic far more than the bungling idiots at the FBI.

N3OGH
Yo Soy Col. "Bat" Guano
Premium Member
join:2003-11-11
Philly burbs

1 recommendation

N3OGH to Xure

Premium Member

to Xure
True, no system is bullet proof, not even a system without back doors.

That being said, does anyone deny the need of government to conduct wiretaps when sanctioned by the appropriate court, and done within the scope of the law? I'll be the first to admit their have been abuses of wiretap laws in this country, but how long is it before organized crime and drug traffickers catch on to this technology, leaving law enforcement hamstrung?

I'm not condoning a carte blanche solution, but some sort of balance that allows the government to do what is, in my humble opinion, the most important thing it does. Protect the public...

TechyDad
Premium Member
join:2001-07-13
USA

TechyDad

Premium Member

Re: Network backdoors are a bad idea

The government can do this now. They just need to work with the ISP in question once they get a properly court-authorized warrant. A backdoor would basically mean that they would get a warrant (possibly, maybe, we'll see) and then just "turn on" monitoring of your Internet connection. Meanwhile, a hacker group (or terrorist sympathizer hackers if you want to push some more hot buttons) could figure out how to turn on remote monitoring and listen in on traffic to gather data for any purpose (e.g. terror attacks just to keep pushing those hot buttons ).

Andrew J
Premium Member
join:2001-11-09
Lancaster, PA

Andrew J to N3OGH

Premium Member

to N3OGH
That being said, does anyone deny the need of government to conduct wiretaps when sanctioned by the appropriate court, and done within the scope of the law?
--------------------------------------------------
Yes, they had 200 warnings a day about 9-11 and did nothing. Those facts just came out in parts of the 9-11 investigation that have been declassified. So all this other stuff is just needless piling on. It's only the beginning of bad things to come.

guitarzan
Premium Member
join:2004-05-04
Skytop, PA

guitarzan

Premium Member

Re: Network backdoors are a bad idea

said by Andrew J:

That being said, does anyone deny the need of government to conduct wiretaps when sanctioned by the appropriate court, and done within the scope of the law?
--------------------------------------------------
Yes, they had 200 warnings a day about 9-11 and did nothing. Those facts just came out in parts of the 9-11 investigation that have been declassified. So all this other stuff is just needless piling on. It's only the beginning of bad things to come.
Yes the future is here and it will only get worse.They had prior knowledge of 9-11 and what did they do.? Stood around with their heads up their azzes and they used their thumbs to pick their noses while their heads were lodged in the stink holes.
garmst
join:2000-09-17
New York, NY

garmst

Member

Encryption

That all!

some guy
@dsl.milwwi.ameritech

some guy

Anon

Re: Encryption

by the logic of the fcc/fbi, encryption would need back doors too
OB Kenobi
join:2005-05-29
Brooklyn, NY

OB Kenobi

Member

Re: Encryption

Well luckily they can't do anything about it, since most of it is open-sourced and global, so there's no corporation the feds can blackmail.

some guy
@dsl.milwwi.ameritech

some guy

Anon

Re: Encryption

no, but they could arrest you for possession of "hacker tools" or whatever euphemism they think will stick

»news.com.com/Minnesota+c ··· 978.html

it isn't as farfetched as you might think

CrazyFingers
join:2003-10-01
Columbia, MO

1 edit

CrazyFingers

Member

A better solution

This is such a silly waste of time and effort when a simpler solution is right under our noses.
Simply pass a federal law requiring that IP-based video cameras be installed in every room of every home in America. These cameras of course would be dormant until an FBI or DEA agent, local police officer, Sherrif's deputy, or county court clerk activated them for lawful monitoring purposes. Just imagine the drop in domestic abuse, drug use, and child abuse that would come from this. Since they're defaulted to OFF mode, the hippy-pervert privacy advocates wouldn't have any reason to complain.
Honestly, I don't see why these Patriotic Freedom cameras haven't already been installed. Just think how many lives we could have saved in New Orleans with these!
And to anyone who objects to this anti-terrorist child-protection law: What are YOU hiding, sicko???

G_Poobah
join:2004-01-17
Schenectady, NY

1 recommendation

G_Poobah

Member

Re: A better solution

They already do that in England, and it's not stopping the terrorists. The problem of course, is that they didn't go far enough. Camera's alone won't stop terrorism, we need to go farther.

#1: Cameras must be on at all times. After all, the religious right should know what you are doing in your bedroom. And it shouldn't be just the government that has access to these camera's, it should also be your local religious groups, big corporations and state employees. Remember, this is all for your benefit. As an ADDED bonus, there will be no tax increase to pay for this, the **AA's will be more than happy to pick up the tab for installation of these cameras. (See #2)

#2: Big Media will of course charge you based on what songs you listen to, and what TV shows you watch. Using the massive homeland security database, they can keep track of what you have purchased based on the ads you've seen/heard, and if you don't spend enough, they can automatically charge you to make up for the shortfall. Remember if you don't buy what they are advertising, you are guilty of theft of service! The Media companies are providing you with free entertainment, and it's your OBLIGATION to spend money the way they want you to, you little criminals.

#3: The so called 'open-air' gap can be solved with implantable GPS chips. It's possible you could hear music from someone elses boom box when you are on the road, in the park, or in your car. With appropriate use of implanted GPS chips, the RIAA could charge you whenever you came into range of their copyrighted works. It would stop piracy dead, since there could be no piracy if you had to pay for everything. The MPAA could win too, since they would work with homeland security to charge you every time you see a copyrighted Disney work such as 'Blue Sky (c), Puffy Clouds (c), and everyones favorite Sunlight (c)'.

That's what it will take to make sure the children are protected. That's what it will take to make sure the terrorists are stopped. Besides, better the devil you know (Big brother corporations) than the one you don't.

insomniac84
join:2002-01-03
Schererville, IN

insomniac84

Member

Who is responsible if a backdoor is exploited?

Who will people sue over this? I mean if a hardware manufacturer advertising security has a product that you use that has an FBI backdoor in it and the backdoor is found out and used to steal sensitive info, do you sue the manufacturer for knowingly leaving a security whole in their product? Or do you sue the fbi for putting it there? At least in my opinion someone needs to be responsible when a vulnerability is purposely put into internet hardware and software.
Skippy25
join:2000-09-13
Hazelwood, MO

Skippy25

Member

Re: Who is responsible if a backdoor is exploited?

said by insomniac84:

Who will people sue over this?
This has to be the most important question out there. Can you imagine the shear terror and confusion caused by not knowing whom it is that must be sued?

Only in America!

insomniac84
join:2002-01-03
Schererville, IN

insomniac84

Member

Re: Who is responsible if a backdoor is exploited?

Its an important question. A company knowing releases a product with a huge security flaw in it and doesn't tell the customer anything about it or even looks into fixing it. That sounds like negligence. Most companies get off of getting in trouble for flaws by claiming they knew nothing about it and as soon as they found out they acted to fix it. This won't be the case for a deliberate flaw.
Techman21
join:2005-04-14
Richmond, VA

2 edits

Techman21 to insomniac84

Member

to insomniac84
They are ---) (--- No, they are.

kamm
join:2001-02-14
Brooklyn, NY

kamm

Member

Great news

Thanks God we have EFF.

whatdumbazzes
@taylor01.mi.comcast.

whatdumbazzes

Anon

F*ck the EFF, they don't represent the public !

IMNHO, the EFF is nothing but a bunch of CONS who hide behind a bogus industry name to imply they represent the public or the industry, when they do not. The EFF is not to be trusted and Congress ain't about to change laws to suit the EFF's questionable motives.

Glaice
Brutal Video Vault
Premium Member
join:2002-10-01
North Babylon, NY

Glaice

Premium Member

Re: F*ck the EFF, they don't represent the public

...says the pro-RIAA, sheeple troll

kamm
join:2001-02-14
Brooklyn, NY

kamm

Member

Re: F*ck the EFF, they don't represent the public

said by Glaice:

...says the pro-RIAA, sheeple troll
Yeah, stupid little troll.

kangabil
Do It Now, Do It Right
Premium Member
join:2005-05-15
Australia

kangabil to whatdumbazzes

Premium Member

to whatdumbazzes

Re: F*ck the EFF, they don't represent the public !

Hey Taylor Mate you're really getting around today.

I thought YOU represented the public; or don't I read your other industrious efforts properly?

Now how about a suggestion. I'd start setting up a dozen or so addresses with your ISP. You can name yourself what you like but that address gives you away every time.

By the way, that's a little more like the Taylor we're used to. Some of your productions last few days have been a bit on the soft side!! However I've not sen you confess to being humble before, that is new.

skelet0r
Premium Member
join:2004-04-26
Florence, AL

skelet0r

Premium Member

whatever

It just seems to me that terrorist will quit using internet and phones if they are tapped so much. Then the only people you have being watched are innocent people. Maybe they will start using pigeons, then what, a ban on birds?

Andrew J
Premium Member
join:2001-11-09
Lancaster, PA

Andrew J

Premium Member

Re: whatever

Our government is powerless to know what they're saying as long as they continue to use the highly secret code, Arabic.
Techman21
join:2005-04-14
Richmond, VA

Techman21

Member

Sigh, yet again...

Uh oh. Time to »www.skeptictank.org/hs/v ··· nish.htm

You know its funny. I'm a rep. yet some of my beliefs tend to be dem. Maybe I need to find a job in the gov.'t when it comes time. As the good book says "Keep your friends, but your enemies closer." Now I don't think the government is an enemy in any way. But, I do think they need to slow down a lil bit on their engulfment of technology. People are screaming left and right for protection this and protection that.

The government needs to do this right the first time, not have some big black mark 50 years from now. Which will get written off in the text books.

I think this time period is going to be remembered as the "The Security Scare". lol. Yes I see the abbrv.

CableConvert
Premium Member
join:2003-12-05
Atlanta, GA

CableConvert

Premium Member

If This Doesn't Scare You...

This is what homeland security is up to:

»www.ajc.com/news/content ··· 23a.html

Terrorist Ham