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story category Judge: FCC Wiretap Position 'gobbledygook'
'Your argument makes no sense...'
(old news - 02:27PM Friday May 05 2006)
tags: legal · fcc · legislation · privacy
As we mentioned the other day, the FCC is forcing Universities and ISPs to rewire their networks and provide backdoors to facilitate wiretaps, on their own dime (telco wiretapping network changes were subsidized). The problem is this: the FCC is trying to stretch a law written for old phone networks (CALEA), so it applies to VoIP, the Internet, and broadband. Critics charge this runs outside of their mandate and is something that needs to be determined by Congress. Apparently one Judge agrees, calling the FCC's argument "gobbledygook" and "nonsense."

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Forums » Judge: FCC Wiretap Position 'gobbledygook'
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kapil
The Kapil

join:2000-04-26
Chicago, IL
·XO COMMUNICATIONS
·Comcast
·Covad Communications


edit:
May 5th, @01:46PM

Power Hungry Wannabees

The FCC is clearly overstepping its mandate. If it wants to start regulating domains outside its purview, Congress has to pass a law authorizing it to do so first.

While we're at it, how about regulating the ILECs so the consumer can stop getting boned in the rear end?
MrBentor

join:2003-02-18
Seattle, WA

This judge Rocks!

Good Judge.

Refreshing to see a judge to look at the intent of the law (statutes) from the (from the legislative) and the regulations that implement the law (from the executive.)
fiberguy
My views are my own.
Premium
join:2005-05-20

Re: This judge Rocks!

I am just waiting for the typical "They're legislating from the bench" talking point argument that seems to be spewd' from the administration lately.
pv8man17

join:2003-10-07
Hammond, IN

well..

At least one good thing happened today.

TK Junk Mail
Go ahead, make my day
Premium
join:2002-03-03
Margate City, NJ
clubs:
·Comcast

Re: well..

said by pv8man17 See Profile :

At least one good thing happened today.
He was 1 of 3 judges on the panel. Don't count your chickens before they hatch. The other judges seem inclined to go along with the FCC, especially about VOIP. The best those that are aginst the FCC interpretation can hope for is that the panel will not extend it to all data on the internet but limit it to VOIP. And the cost to ISPs and colleges would still be the same even if it is limited to VOIP. Oh, and the government gets to appeal this up to the Supreme Court where the majority will probably go along with the government.
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envoid

join:2002-12-21
Duluth, GA

Re: well..

said by TK Junk Mail See Profile :

The best those that are aginst the FCC interpretation can hope for is that the panel will not extend it to all data on the internet but limit it to VOIP.
Exactly. What is the definition of VoIP? Voice over IP (or voice over data). In some ways it can be considered a telecommunications service, and in others just more data on the Information Service. At the most they should only allow it for VoIP. At the MOST! But once you put in the "backdoor" for the VoIP services any packet is game. So, is it a telecom service or just an extension of the Information Service? Does the communication medium make a difference? I'm thinking no, but at the same time I don't want them to have open access to all data on a network.

I wouldn't doubt someone somewhere in congress will push to change it so VoIP is considered telecom.

jhboricua
ExMod 2000-01
join:2000-06-06
Minneapolis, MN
clubs:

Re: well..

But didn't the FCC ruled VoIP to be an 'information service' in the case of the Cable companies that were deploying it? I would think that the ILEC's would have a field day if the FCC comes back now and say it is not to this judge panel.

jjoshua
Premium
join:2001-06-01
Scotch Plains, NJ
·Comcast

Any Boston Legal fans?

What is this jibber-jabber? I don't like jibber-jabber in my courtroom.
GigahertZ420

join:2001-10-02
Fairbanks, AK

Re: Any Boston Legal fans?

This judge just put the FCC in their place > CHECK.

Just wait for our local free market quack troll to come around saying how PRIVATE companies and universities should foot the bill so that the GOVERNMENT can tap into our lives.

FCC has clearly overstepped their mandate and their scope of what they do. Just like the broadcast flag BS, they think they can mandate all kinds of stuff they have no authority to perform.

FCC - Federal Corporation of Corruption

FCC should be dismantled and shipped to China...
chemaupr

join:2005-06-06
Alexandria, VA
Apparently the US Attorney was Alan Shore...but this time he lost... LOL

tiger72
SexaT duorP
Premium
join:2001-03-28
Kansas City, MO
clubs:
this is a judge that aint no nansy-pansy!

embj
Premium
join:2003-09-12
Fayetteville, NC
clubs:
Haha...yup. When I saw "gobbledygook" on the front page, that's the first thing I thought of. lol.
jpark

join:2005-02-05
Jackson, TN

Excellent.

Our (US) government has trampled on constitutional rights and privileges, passed laws at odds with the constitution, and generally disregarded any laws which it wants to in the name of 'protecting us against [whatever is the current scare tactic]'.

The irony is that we (US government) are doing the terrorists' work for them. We seem intent on destroying ourselves to prevent some other agent from destroying us.

The FCC is doubtless being pushed by the administration to expand its control to areas which it has no legal right to regulate.

The judge is correct when he says it doesn't make sense.

The rare and unexpected voice of reason is refreshing.

dslextreme
Premium,VIP
join:2001-02-23
Canoga Park, CA

Re: Excellent.

Let's be CLEAR. The FCC is appointed by the administration. They are administration stooges, there is no "pushing" required.
RayW
Premium
join:2001-09-01
Layton, UT
clubs:
·XMission

Re: Excellent.

said by dslextreme See Profile :

Let's be CLEAR. The FCC is appointed by the administration. They are administration stooges, there is no "pushing" required.
Yup, same thing was said in 98, when that worthless Clinton appointee, Michael Kevin Powell, was there.
--
I am not lost, I find myself every time.
nozzer

join:2004-06-25
Waltham, MA

Re: Excellent.

Ah yes - "Blame Clinton".
You mean COLIN POWELL's BROTHER ?? Puleez.
RayW
Premium
join:2001-09-01
Layton, UT
clubs:
·XMission

Re: Excellent.

said by nozzer See Profile :

Ah yes - "Blame Clinton".
You mean COLIN POWELL's BROTHER ?? Puleez.
Yup, 3 November 1997. Bush then made him chairman in January 2001.

I do not know who Colin Powell's siblings are, but the Michael Powell mentioned is the SON of Colin Powell.
--
I am not lost, I find myself every time.
amungus
Premium
join:2004-11-26
America
clubs:

yeah

well yeah, it doesn't make sense.

I pity the fool.

This, is chewbacca, and chewbacca is a wookie. That does not make sense.

that judge must've eaten his wheaties.

major marco
Res Firma Mitescere Nescit
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join:2003-02-13
Mission Viejo, CA
clubs:

Ridiculous, unfounded overkill

CALEA was not intended to monitor email and the Internet, and clearly, Congre$$ has to step up to the plate and address the issue. But I seriously doubt that will happen. They're too busy abnegating their oversight of the executive branch in favor of blind, party loyalty, instead. The costs of implementation outweigh any pereived benefits, not to mention, such draconian mandate necessitates rewriting this country's rule of law. We're not a fascist dictatorship, however, since the Bu$h junta readily admits to being free to ignore whatever laws it wants just so long as it labels it "national security," we're well on our way. By the time the junta is either marched out of office in leg shackles or declares itself imperial monarch for life, the damage will already be irrevocably done to our system of government.
--
Choose Net Neutrality Now or Lose It: www.savetheinternet.com
RayW
Premium
join:2001-09-01
Layton, UT
clubs:
·XMission

Re: Ridiculous, unfounded overkill

said by major marco See Profile :

cut rant
Strange, that is what a lot of people were saying about King Bill and Queen "WE are the President" Hillary.

Oh well, nice thing about this country, you do not get shot for having an opinion.

Now off political opinions and back to the thread, the FCC and a Judge.
--
I am not lost, I find myself every time.

major marco
Res Firma Mitescere Nescit
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join:2003-02-13
Mission Viejo, CA
clubs:

Re: Ridiculous, unfounded overkill

said by RayW See Profile :

said by major marco See Profile :

cut rant
Strange, that is what a lot of people were saying about King Bill and Queen "WE are the President" Hillary.

Oh well, nice thing about this country, you do not get shot for having an opinion.

Now off political opinions and back to the thread, the FCC and a Judge.
Who said anything about Slick Willie and Hillary? You better go back and re-read your Rush talking points memo because you're the one off track. Further, if you're expecting to remove "political" opinions, then you may as well have the entire thread removed because that is precisely what this particular Judge's opinion is about. Clearly you missed that. And as much as you would approve of having people "shot" for having an opinion that does not coincide with yours, sadly for you, at least for the moment, that is not yet a legal option.
--
Choose Net Neutrality Now or Lose It: www.savetheinternet.com
RayW
Premium
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Layton, UT
clubs:
·XMission

Re: Ridiculous, unfounded overkill

said by major marco See Profile :

said by RayW See Profile :

said by major marco See Profile :

cut rant
Strange, that is what a lot of people were saying about King Bill and Queen "WE are the President" Hillary.

Oh well, nice thing about this country, you do not get shot for having an opinion.

Now off political opinions and back to the thread, the FCC and a Judge.
Who said anything about Slick Willie and Hillary? You better go back and re-read your Rush talking points memo because you're the one off track. Further, if you're expecting to remove "political" opinions, then you may as well have the entire thread removed because that is precisely what this particular Judge's opinion is about. Clearly you missed that. And as much as you would approve of having people "shot" for having an opinion that does not coincide with yours, sadly for you, at least for the moment, that is not yet a legal option.
Hmm...Wonder how you got the impression I want people shot? Just pointed out that we still can cut Bush down and you do not hear of people dieing for it. Ah freedom, you are allowed to make your own mistakes.

I also just pointed out that your ranting is old, heard it in the 90's and now you are recycling it for the 2000's.
--
I am not lost, I find myself every time.

tsu

join:2001-08-17
Wheeling, IL

Re: Ridiculous, unfounded overkill

said by RayW See Profile :

I also just pointed out that your ranting is old, heard it in the 90's and now you are recycling it for the 2000's.
"If the shoe fits..."
RayW
Premium
join:2001-09-01
Layton, UT
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·XMission

Re: Ridiculous, unfounded overkill

said by tsu See Profile :

said by RayW See Profile :

I also just pointed out that your ranting is old, heard it in the 90's and now you are recycling it for the 2000's.
"If the shoe fits..."
Yeah, does not matter who is in, you hear the same thing over and over.
--
I am not lost, I find myself every time.

nixen
Rockin' the Boxen
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Alexandria, VA
·Cox HSI
·Speakeasy

Re: Ridiculous, unfounded overkill

said by RayW See Profile :

said by tsu See Profile :

said by RayW See Profile :

I also just pointed out that your ranting is old, heard it in the 90's and now you are recycling it for the 2000's.
"If the shoe fits..."
Yeah, does not matter who is in, you hear the same thing over and over.
Ever consider that maybe there's a reason for that?

-tom
--
"Experience should teach us to be most on our guard to protect liberty when the government's purposes are beneficial. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well meaning but without understanding." -Louis D Brandeis
RayW
Premium
join:2001-09-01
Layton, UT
clubs:
·XMission

Re: Ridiculous, unfounded overkill

said by nixen See Profile :

Ever consider that maybe there's a reason for that?

-tom
That there is no such thing as an honest politician? What a unique concept !
--
I am not lost, I find myself every time.

TScheisskopf
World News Trust

join:2005-02-13
Belvidere, NJ
·Sprint Broadband D..

said by major marco See Profile :

Who said anything about Slick Willie and Hillary? You better go back and re-read your Rush talking points memo because you're the one off track. Further, if you're expecting to remove "political" opinions, then you may as well have the entire thread removed because that is precisely what this particular Judge's opinion is about. Clearly you missed that. And as much as you would approve of having people "shot" for having an opinion that does not coincide with yours, sadly for you, at least for the moment, that is not yet a legal option.
When some find themselves hemmed in by the absolute venality of the actions of this administration(and the FCC IS part of the administrative branch, like it or not), the desperate true believer, one who worship the administration in spite of any inescapable logic or evidence to the contrary, will immediately and reflexively run to the safe and familiar territory of blaming anything on anything named Clinton. The weather, stock market drops, hangnails, their kid's runny nose...all are fair game for referencing Bill, Hillary and especially, what G. Gordon Liddy might call Bill's "manly characteristic", which we know is the true source of all evil in the history of the universe.

In fact, it is all they have left.

You can file this strange set of behaviors under "end-stage denial".
Necronomikro

join:2005-09-01

Re: Ridiculous, unfounded overkill

And you can blame everything in the world, including the amount of cloud cover today and whether or not I fed my dogs today on GWBUSH?
nozzer

join:2004-06-25
Waltham, MA

Re: Ridiculous, unfounded overkill

Given 7 out of 9 SJC are Republican appointees, they have controlled Congress the last 12 years, the Senate all but 1 of the last 12 years, and the Executive branch for the last 5 1/2 I think its pretty clear where fingers should be pointed.

lopinboy
If you can read this.... RUN

join:2001-02-22
Huntersville, NC

quote:
When some find themselves hemmed in by the absolute venality of the actions of this administration(and the FCC IS part of the administrative branch, like it or not), the desperate true believer, one who worship the administration in spite of any inescapable logic or evidence to the contrary, will immediately and reflexively run to the safe and familiar territory of blaming anything on anything named Clinton. The weather, stock market drops, hangnails, their kid's runny nose...all are fair game for referencing Bill, Hillary and especially, what G. Gordon Liddy might call Bill's "manly characteristic", which we know is the true source of all evil in the history of the universe.

In fact, it is all they have left.

You can file this strange set of behaviors under "end-stage denial".
Are you not in fact sitting there doing the same exact thing, but directing it towards Bush instead? Republicans blame Clinton while Democrats blame Bush, ironic...

Both administrations are at fault for what is currently plaguing the USA. Only people who don't see that are blinded with ignorance.
Necronomikro

join:2005-09-01

Re: Ridiculous, unfounded overkill

said by lopinboy See Profile :

quote:
When some find themselves hemmed in by the absolute venality of the actions of this administration(and the FCC IS part of the administrative branch, like it or not), the desperate true believer, one who worship the administration in spite of any inescapable logic or evidence to the contrary, will immediately and reflexively run to the safe and familiar territory of blaming anything on anything named Clinton. The weather, stock market drops, hangnails, their kid's runny nose...all are fair game for referencing Bill, Hillary and especially, what G. Gordon Liddy might call Bill's "manly characteristic", which we know is the true source of all evil in the history of the universe.

In fact, it is all they have left.

You can file this strange set of behaviors under "end-stage denial".
Are you not in fact sitting there doing the same exact thing, but directing it towards Bush instead? Republicans blame Clinton while Democrats blame Bush, ironic...

Both administrations are at fault for what is currently plaguing the USA. Only people who don't see that are blinded with ignorance.
Thank you. I agree, it is both administration's fault. They are the right and and left hand of a single future. One will shape it slightly differently from the other, but, both are power hungry and corrupt.

TScheisskopf
World News Trust

join:2005-02-13
Belvidere, NJ
·Sprint Broadband D..

Both of you are denying one simple fact: This case is before the courts and being plead by The Bush Administration's FCC. Period. Full stop. EOL.

Now, how can you spin away from that one and into blaming it on Bill, Hillary, Chelsea and Spot, like the poster whom I was commenting on?
Plucky1969

join:2004-11-29
Chillicothe, OH
Every administration is to blame for the way things going back to the wimp carter.

lopinboy
If you can read this.... RUN

join:2001-02-22
Huntersville, NC

Re: Ridiculous, unfounded overkill

said by Plucky1969 See Profile :

Every administration is to blame for the way things going back to the wimp carter.
IMO, I'd actually go even further back, starting at FDR.

TScheisskopf
World News Trust

join:2005-02-13
Belvidere, NJ
·Sprint Broadband D..

said by RayW See Profile :

said by major marco See Profile :

cut rant
Strange, that is what a lot of people were saying about King Bill and Queen "WE are the President" Hillary.

Oh well, nice thing about this country, you do not get shot for having an opinion.

Now off political opinions and back to the thread, the FCC and a Judge.
There is no discernable difference between the attempted actions of the FCC and the politics of the matter.

No matter what streches one might make in the service of apologia.

wmcbrine
Touched by His Noodly Appendage

join:2002-12-30
Laurel, MD

said by major marco See Profile :

CALEA was not intended to monitor email and the Internet, and clearly, Congre$$ has to step up to the plate and address the issue.
I fear that Congress' idea of "stepping up" will be to endorse the idea, and explicitly extend the FCC's authority to encompass this.

roamer1
sticking it out at you

join:2001-03-24
Atlanta, GA
clubs:
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·Speed Factory
·Cingular Wireless

The other big issue...

is that the FCC is expecting compliance without telling anyone exactly how they are to comply. CALEA mandates very specific methods of interconnection to the PSTN (switches and so on) that obviously do not and cannot apply to IP networks. (VoIP calls can always be intercepted where they connect to the PSTN, as CLECs and IXCs must and do comply with the CALEA rules and provide those interconnections, but there are no standards in place for pure IP calls, let alone data traffic.)

-SC
--
"it seems like all you ever buy is Abercrombie and cell phones" --a friend

sporkme
drop the crantini and move it, sister
Premium,MVM
join:2000-07-01
Netcong, NJ

Spin It!

Engage spin mechanism...

Searching...

Run... activist_judge_rant.exe
--
Day dreaming days in a daydream nation
amungus
Premium
join:2004-11-26
America
clubs:

Re: Spin It!

..call function -roll eyes
-end program.
shades

join:2001-06-26
Williamstown, NJ

judge

One Judge is janice rogers brown, a potential nominee for the supreme court, she will side with the governemnt because if she doesn;t no way BUSH nominates her if another seat comes up

crispy
Premium
join:2002-01-12
Oxford, MS

Re: judge

Maybe, but Judge Brown has always been considered more libertarian than conservative so there may be a surprise in her vote.

whfsdude
Premium
join:2003-04-05
Washington, DC

Ironic

I like how the FCC tries to extent telecommunications laws to a service that they declare is an information service.
MGP

join:2001-01-01
Olathe, KS

Re: Ironic

Good point!
Forums » Judge: FCC Wiretap Position 'gobbledygook'


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