Big Brother's Last Mile

Found on SecurityFocus on Tuesday, 17 August 2004
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On August 9th, 2004, the U.S. Federal Communications Commission (FCC) took a major step toward mandating the creation and implementation of new Internet Protocol standards to make all Internet communications less safe and less secure. What is even worse, the FCC's ruling will force ISP's and others to pay what may amount to billions of dollars to ensure that IP traffic remains insecure.

The ruling, if it becomes final, may require such ISPs to create and deploy new and expensive technologies that would ensure that communications carried over broadband were deliberately insecure and capable of being intercepted, retransmitted, read, and understood by law enforcement.

The FCC's ruling goes well beyond the extensive subpoena authority of the grand jury and the Foreign Intelligence Surveillance Court, and even the USA-PATRIOT Act. By making ISPs the electronic equivalent of the phone company, and therefore subject to CALEA, the FCC opens the door to mandating that all future TCP/IP technologies -- possibly even encrypted ones -- be designed at the outset to be tapable. After all, it would do the cops no good to receive a mass of encrypted packets.

The FBI had an answer when ISPs and phone companies complained about the cost. The Bureau suggested that the cost be defrayed by increasing the rates you and I pay. So much for the government's E-rate program to make broadband more affordable.

With that, the USA shares China's position: total surveillance. What do they want to do if I encrypt my emails? Outlaw encryption, so that I break the law and can be arrested? This is another example how a government tries to force a uncontrollable system under its control.