Appeals Court Allows Online Wiretaps
“The Bush administration’s plans to force Internet providers to comply with extensive wiretapping rules received a boost on Friday, when a federal appeals court upheld the controversial regulations.
“A three-judge panel of the U.S. Court of Appeals in Washington, D.C., refused to overturn the Internet surveillance regulations, saying the Federal Communications Commission made a ‘reasonable policy choice’ when approving them last fall. FCC Chairman Kevin Martin, a Republican, applauded the ruling.
“Judge Harry Edwards, who had called the FCC’s arguments ‘gobbledygook’ and ‘nonsense’ during oral arguments before the appeals court last month, dissented. He said the 1994 Communications Assistance for Law Enforcement Act, or CALEA, does not give the FCC ‘unlimited authority to regulate every telecommunications service that might conceivably be used to assist law enforcement.'”
Declan McCullagh. Appeals Court Upholds Net-Wiretapping Rules. News.com. June 9, 2006.
Related Stories & Documents:
- U.S. Court of Appeals for the District of Columbia Circuit. American Council on Education v. Federal Communications Commission & U.S. (No. 05-1404). (.pdf) June 9, 2006.
- U.S. Code. Communications Assistance for Law Enforcement Act, 47 U.S. sec. 1001, et. seq. (Courtesy of Cornell University’s Legal Information Institute.)
CopyCense™: The law, business, and technology of digital content. A business venture of Seso Digital LLC.