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VoIP Should Be Subject To Wiretap Rules, Says FCC

by Glen Shapiro, LawAndTax-News.com, New York

06 August 2004

The US Federal Communications Commission (FCC) on Wednesday voted to impose the country's Communication Assistance for Law Enforcement Act (CALEA) on the majority of services providing internet telephony capabilities.

The Commission decided by a 5-0 margin in its Notice of Proposed Rulemaking meeting that the colloquially known Wiretap Law should apply to facilities-based providers of broadband internet access services, including cable modem, wireless, satellite, powerline and wireline services.

Significantly, however, the decision also takes in "managed" or "mediated" Voice over Internet Protocol (VoIP) services.

"CALEA requirements can and should apply to VoIP and other IP-enabled service providers, even if these services are 'information services' for the purposes of the Communication Act. Above all, law enforcement access to IP-enabled communications is essential," FCC Chairman Michael Powell explained.

However, he added that the ruling is "expressly limited to the requirements of the CALEA statute and does not indicate a willingness on my part to regulate VoIP services as telecommunications services."

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