Lobbyist Predicts CALEA Exemption for Schools, Libraries
Libraries and universities likely won’t be included in new wiretap rules governing IP networks, predicted Wendy Wigen, policy analyst for Educause. In letters filed Dec. 16 at the FCC, the lobbying group reminded the commission of its request for an exemption from the Communications Assistance for Law Enforcement Act (CALEA). The FCC has proposed that CALEA apply to IP networks and VoIP services.
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Educause is working with the Dept. of Justice to craft exemption language: “We are making quite a bit of headway on wording that could be included [in the final rulemaking],” said Wigen. The DoJ wants final language to be narrowly written so it won’t supply a loophole to noneducational networks, she added. The group represents more than 1,900 colleges, universities and educational institutions.
Commissioners are supportive of a CALEA exemption for universities and libraries, Wigen said. “They're all unified on giving [it].” In the proposed rules, the FCC already granted these organizations a pass on opening their networks to federal wiretaps, but did so on the assumption schools and libraries did not run their own facilities. Many college do run their own backbones and larger schools are part of the high-speed Abilene research network.
In a Nov. 8 filing, Educause sought to cement its exemption on grounds wiretapping school networks isn’t smart public policy: “Even if the Commission deems a facilities-based, broadband Internet access provider to be a telecommunications carrier under CALEA, the Commission should conclude that it is not in the public interest to do so in regard to the Educause coalition members.”
Cost and logistics are the biggest problems, said Wigen. “There’s been a real concern the rulemaking was going to pull us in -- the expense is enormous,” she said. “Unlike traditional telecommunications carriers, EDUCAUSE Coalition members have no experience in designing, acquiring or implementing surveillance capabilities. Libraries and small colleges would need to establish 7x24 coverage for law enforcement requests and systems to ensure that only lawfully authorized surveillance occurs,” wrote the group in its filing.