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Re: PATRIOT/USA technical problems, call to action

2001-10-10 16:20:02
At 12:13 PM 10/10/2001, William Allen Simpson wrote:
Unlike CALEA, there are no provisions for reimbursing ISPs for these
expenses -- tens of thousands of dollars could bankrupt many ISPs.
This is an attack on both civil liberties and small business.

I agree that our legislators are not technologists. That said, what you report here isn't what I heard:

Said report on HR 2795, to whit:

The text is at http://thomas.loc.gov/ The current version at Thomas does not include the amendments.

The following amendment caught my eye. It isn't clear what its affect would be on our CALEA efforts:
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No Technology Mandates
10/3. Rep. Rick Boucher (D-VA) offered an amendment at the House Judiciary Committee's mark up of the PATRIOT Act on October 3, which was adopted by a unanimous voice vote. The amendment prevents the government from requiring ISPs or other service providers to modify their equipment or services under the PATRIOT Act. The amendment was cosponsored by Rep. Bob Goodlatte (R-VA) and Rep. Chris Cannon (R-UT).

The amendment states as follows: "Insert at the end of Title I the following. Section ___: Clarification of No Technology Mandates. Nothing in this Act shall impose any additional technical obligation or requirement on a provider of wire or electronic communication service or other person to furnish facilities, services or technical assistance."

There was nothing in the bill which required service providers to furnish any facilities or services to the government. Reps. Goodlatte and Boucher both explained their reasons for offering this amendment. They are concerned about the history of the Communications Assistance for Law Enforcement Act (CALEA). Congress passed this Act in 1994 to enable law enforcement authorities to maintain their existing wiretap capabilities in new telecommunications devices. The Congress had cell phones in mind. It provides that wireline, cellular, and broadband PCS carriers must make their equipment capable of certain surveillance functions. However, the FBI has since sought an implementation of CALEA that expands surveillance capabilities beyond those provided in the statute. Moreover, the FCC, which has written implementing rules, has largely backed the FBI. This has imposed considerable burdens and costs upon service providers, and their customers.

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