In 1994, Congress passed the Communications Assistance for Law Enforcement Act (CALEA). Basically, this is the law that forces the phone companies to make your telephone calls—including cell phone calls—available for government wiretapping.
But now the government wants access to VoIP calls, and SMS messages, and everything else. They’re doing their best to interpret CALEA as broadly as possible, but they’re also pursuing a legal angle. Ars Technica has the story:
The government hopes to shore up the legal basis for the program by passing amended legislation. The EFF took a look at the amendments and didn’t like what it found.
According to the Administration, the proposal would “confirm [CALEA’s] coverage of push-to-talk, short message service, voice mail service and other communications services offered on a commercial basis to the public,” along with “confirm[ing] CALEA’s application to providers of broadband Internet access, and certain types of ‘Voice-Over-Internet-Protocol’ (VOIP).” Many of CALEA’s express exceptions and limitations are also removed. Most importantly, while CALEA’s applicability currently depends on whether broadband and VOIP can be considered “substantial replacements” for existing telephone services, the new proposal would remove this limit.
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