The FCC Commissioners hinted at the contents of their Notice of Public Rulemaking (expected out in a few weeks) as it was sent to the board for approval today. Chairman Powell delivered a statement implying that the FCC agrees that any facility-based entity that provides connection to the public Internet would be required to comply with CALEA. "Non-managed or disintermediated" VoIP or IM services will remain exempt. At this point, we assume this means campuses will be required to comply.
The rulemaking promises to explore cost and compliance issues. There are two major questions: 1) what about reliance on a third-party to manage CALEA compliance obligations; and, 2) the standards (who sets them and are they good enough).
Powell did assert that these findings do not in any way declare VoIP a telecommunications service for regulations purposes, something that is being discussed in other proceedings.
EDUCAUSE will continue to pursue the cost/benefit analysis argument. Can law enforcement justify the cost of compliance based on their need to wiretap?
