The D.C. Circuit Court of Appeals has declined to hear an appeal of a June decision holding that broadband service providers and college networks must re-configure their networks to make them easily tappable by law enforcement.
The FCC rules in question re-interpreted a 1994 law known as CALEA, which distinguished between telecom networks, such as the traditional phone system and Internet providers.
Under that law, telecoms were forced to make it easier for law enforcement to listen in on phone calls.
Civil liberties groups controversially agreed to the legislation, so long as the Internet was not subject to the technical dictates of federal law enforcement agencies.
In August 2005, the FCC announced the bargain was off.
The American Council on Education challenged the extension of the rules to college networks, but a district court panel voted 2-1 to allow the FCC to sometimes regulate broadband providers as telecommunications providers and sometimes as information services. (Ruling)
The upshot, according to my good editor Mr. Poulsen:
The American Council on Education can now appeal the ruling (.pdf) to the Supreme Court, but that's always a long shot.
Photo: jurvetson
