WASHINGTON—A federal appeals court may be reconsidering its ruling that Congress’ digital-wiretap act applies to Voice over Internet Protocol and broadband Internet services. The court has asked the Federal Communications Commission to explain why the court should not reconsider its June decision on the matter.
The U.S. Court of Appeals for the District of Columbia gave the FCC until Aug. 17 to explain why its original ruling should be upheld.
“The D.C. Circuit’s action suggests that they may be actively reconsidering their earlier ruling,” said Mark Unacapher, senior vice president of the Information Technology Association of America.
In June, the D.C. Circuit in a 2-1 decision accepted the FCC’s ruling that broadband Internet access and VoIP service providers should be subject to the Communications Assistance for Law Enforcement Act.
“The FCC’s interpretation of CALEA represents ‘a reasonable policy choice,’” wrote Judge David Sentelle. “We cannot set aside the commission’s reasonable interpretation of CALEA in favor of an alternatively plausible (or even better) one.”
Congress passed CALEA to allow law enforcement to tap phone conversations even as technology changed.
However, provisions were put in place in the legislation to exempt information services. Some argued that VoIP and broadband are information services, and are thus exempt, but the FCC ruled last year that since broadband Internet access services and VoIP stand as a substantial replacement for voice telephony they have to comply with CALEA. The D.C. Circuit agreed with the FCC’s ruling.
The issue has clear implications for third-generation wireless providers, which offer services comparable to cable modem and digital subscriber line connections that support VoIP calls.
