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Groups Challenge FCC Wiretapping RulesA number of education, privacy, and technology groups have filed appeals with the U.S. Court of Appeals in Washington, D.C., challenging a new Federal Communications Commission rule that would make it easier for government agencies to monitor e-mail and other online communications.Finalized October 13, the FCC ruling orders distributors of broadband services—including libraries and universities—to comply with the Communications Assistance for Law Enforcement Act (CALEA) of 1994, which requires telephone companies to assist police in executing court-authorized electronic surveillance. In March 2004, the Department of Justice, the FBI, and the U.S. Drug Enforcement Agency petitioned the FCC to bring all broadband access within CALEA’s scope. An October 24 challenge by the American Council on Education focused on the expenses of implementing the new rule. In a separate appeal October 25, the American Library Association, the Association of Research Libraries, the Center for Democracy and Technology, and five other groups argued that the ruling “extends the wiretapping rules to technologies it was never intended to cover, imposes a burdensome government mandate on innovators, and threatens the privacy rights of individuals who use the internet and other new communications technologies,” according to a CDT press release. “We’re deeply concerned that extending a law written specifically for the public telephone network to these emerging technologies will stifle the sort of innovation that has been the hallmark of the internet revolution,” said John Morris, staff counsel for CDT. Carrie Lowe, internet policy specialist for ALA’s Office for Information Technology Policy, told American Libraries that the new rule “will impact both academic and public libraries,” although many of the details about costs and how systems would be reengineered, for example, remain unclear. She said another FCC ruling with more details is expected in the next few weeks. Posted October 28, 2005. |
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