News
        
        U.S. Defends New Internet Wiretap Rules in Appeals Court
        
        
        
        The Bush administration is defending new federal rules making it easier for 
  police and the FBI to wiretap Internet phone calls.
A broad group of civil liberties and education groups -- and a leading technology 
  company-- say the U.S. has improperly applied telephone-era rules to a new generation 
  of Internet services.
Lawyers were expected to square off Friday over the Federal Communications 
  Commission regulations before a three-judge panel for the U.S. Circuit Court 
  for the District of Columbia. In an unrelated case last year affecting digital 
  television, two of the same three judges ruled that the FCC had significantly 
  exceeded its authority and threw out new FCC rules requiring anti-piracy technologies.
In the current case, the FCC determined that providers of Internet phone service 
  and broadband services must ensure their equipment can accommodate police wiretaps 
  under the 1994 Communications Assistance for Law Enforcement Act, known as CALEA. 
  The new rules go into effect in May 2007.
The 1994 law was originally aimed at ensuring court-ordered wiretaps could 
  be placed on wireless phones.
The Justice Department, which has lobbied aggressively on the subject, warned 
  in court papers that failure to expand the wiretap requirements to the fast-growing 
  Internet phone industry "could effectively provide a surveillance safe 
  haven for criminals and terrorists who make use of new communications services."
Critics said the new FCC rules are too broad and inconsistent with the intent 
  of Congress when it passed the 1994 law, which excluded categories of companies 
  described as information services.
"Our significant concern is that if the FCC is essentially permitted to 
  override the congressional exclusion, there are no limits," said John B. 
  Morris, a lawyer for the Washington-based Center for Democracy and Technology, 
  one of the civil liberties groups fighting the FCC's rules.
The case was expected to be decided by U.S. Circuit Judges Janice Rogers Brown, 
  David B. Sentelle and Harry T. Edwards.
In the 2005 ruling against the FCC -- the most recent major case involving 
  the FCC before the circuit court -- Sentelle famously told government lawyers 
  that their new anti-piracy rules exceeded the authority Congress gave the agency. 
  "You can't rule the world," Sentelle told them.
Edwards, another appeals judge in the current case, also came down hard on 
  the FCC in 2005, saying it had "crossed the line" and "gone too 
  far."