Higher Education Fears Wiretapping Law

alphadogg writes "Institutions of higher education are up in arms over an FCC ruling on wiretapping they say could cost them billions of dollars in upgrades, expose their networks to more attacks, and jeopardize rights to privacy and freedom of speech. "

Comments

Summary should emphasize "could"

[Kainaw]

If you RTFA, the FCC ruling was expanded to ISP's. Universities are concerned that they may legally fit in the legal definition of an ISP. If so, then they would have to obey the same laws as, say AOL and MSN. If that happens and the FBI is investigating, say, someone on campus who with a child porn website, the University would be required to give the FBI access to the network to monitor traffic if a subpoena is granted for a tap. So, all in all, the Universities want to provide broadband internet service for all students, but not be classified as providers of internet service.

I think you'll need to find a different argument.

[Kadin2048]

You are aware, I hope, that during a significant number of those conflicts we lost a lot more of our freedoms than we are currently discussing even the potential of losing right now...

I'm not defending the current administration's policies, but I just think that you should be careful drawing historical comparisons before you know where they're going. President Lincoln -- who history has treated quite favorably -- declared and imposed martial law, suspended habeas corpus, and arrested people that today would probably be termed "political dissidents," including a few members of Congress. (The anti-war Democrats known as the "Copperheads" were the common target.)

When the arrests and courts-martial were declared blatantly unconstitutional by the Supreme Court (under Taney), Lincoln simply ignored the ruling until the conclusion of the war. You can Google this, just type in "John Merryman" or check out Ex parte Merryman (the ruling that was ignored).

That's one of the more well-known and egregious violations, but there are others; the persecution of the Germans in World War I, the Japanese in World War II, and a host of other things, any of which can and were argued to be necessary at the time owing to extenuating circumstances.

So by drawing a historical parallel between 9/11 and any other "war period" in our history, you can quite easily play into the hands of a pro-oppression argument, because there is ample historical evidence for periods of relative oppression (or at least, of substantially reduced civil liberties) during conflicts, followed by a return to normalcy afterwards.

Take the security concerns seriously

[Beryllium Sphere(tm)]

politics hat off)
(infosec hat on)

There was a recent scandal in Greece about massive eavesdropping. Many government phone calls were getting involuntarily "conferenced" to multiple prepaid cellular phones. Nobody's caught the perpetrators.

This was done with the "lawful intercept" feature of the telco switching equipment. Depending on the nature of the phone calls it might have been a national security issue.

"Lawful intercept" is a huge security bypass. Bad guys will be highly motivated to exploit it. They won't have to breach physical security either, because CALEA (if memory serves) requires the ISP to offer law enforcemnt remote access.

The threat model also has to include unauthorized users at the law enforcement agency ("Hey, what's this sticky note on the monitor at the CALEA terminal?"). Next worry about the law enforcemnt officer with a personal agenda, e.g. a stalker. Then consider the amount of money in computer crime these days, and ask whether the CALEA operators will be the first incorrutible cops in history. Then reread _The Art of Deception_ and imagine what the next Kevin Mitnick could get the police to do.

That's off the top of my head. For a client I'd get really paranoid :-)