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Judges Challenge IP Wiretap Rules

Posted by ryuzaki0 on from the not-in-my-courtroom dept.

WebHostingGuy writes to mention an MSNBC article on an appeals panel harshly challenging the Bush administration's wiretap policies. New rules from the FCC would make it easier for police and FBI agents to wiretap IP-based phone conversations. From the article: "At [one] point in the hearing, Edwards told the FCC's lawyer that his arguments were 'gobbledygook' and 'nonsense.' The court's decision was expected within several months. In an unrelated case last year affecting digital television, two of the same three judges determined the FCC had significantly exceeded its authority and threw out new government rules requiring anti-piracy devices in new video devices. Lewis was also the losing lawyer in that case, and Edwards also was impassioned then in his criticisms of the FCC."

8 of 82 comments (clear)

  1. Woopty Freekin Doo! by Anonymous Coward · · Score: 2, Insightful

    an appeals panel harshly challenging the Bush administration's wiretap policies

    Well, woopty freakin doo! Get in line with all the rest of the "harsh challengers to the Bush administration". But, when it comes down to the wire the administration will mandate it to "save us from terrorists", invoke executive privilege, or send the detractors to Gitmo for suspicion of "wrong thinking".

    AYVABTU - All your VoIP are belong to the U.S. get use to it!

    1. Re:Woopty Freekin Doo! by QuantumRiff · · Score: 3, Insightful

      "Wrong thinking" is not the correct words. The words your looking for is ThoughtCrime

      Am I the only one who is noticing the trend of NewSpeak being used lately? Maybe not by definition, but definately by purpose.

      --

      What are we going to do tonight Brain?
  2. Problem Solvers by Skadet · · Score: 4, Insightful

    So, the problem I see in corporations a lot is that there are very few true problem solvers in positions of influence.

    This is a great example. Why make the ISPs ("providers of broadband internet service" in TFA) comply with wiretap laws? Why make universities retrofit their data networks?

    Ok, so the FCC wants wiretapping to be possible. Here's a novel idea: Make the companies that write the software for VoIP be wiretap-compliant. Write a special wiretap program. Give it to the government. Or, write an interface and let the government access it with a warrant, whatever (please don't critique the privacy issues here, that's not my point).

    The point is -- the FCC wants to do something. They have a problem that needs to be solved. Their "solution" is retarded. There are no true problem solvers here.

    --
    Sony ha
  3. Stay in your cage, DoJ. by Handpaper · · Score: 5, Insightful
    The Justice Department, which has lobbied aggressively on the subject..

    What is the DoJ, a government agency, doing lobbying anyone over anything?
    AFAIK, their remit is to enforce the law by prosecuting criminals. That's it. Enforce the law as it stands.
    Not attempt to make it or influence its makers.

    1. Re:Stay in your cage, DoJ. by pete6677 · · Score: 2, Insightful

      Yes, but they need to create more work for themselves to justify a bigger budget, which is why they "lobby" to criminalize more things. Activity like this is the sole reason why the drug war continues; because this group would have too much to lose from decriminalization.

  4. The court does good here, but... by dada21 · · Score: 5, Insightful

    I appreciate justices who understand their job is to restrain the Federal government from trampling the rights of the individual, and in this case it looks like they're doing their job. Kudos and positive feedback.

    I don't know if just restraining is enough anymore. When someone breaks a law, they can go to jail or pay a hefty fine. Why is it that Congress and the President can break their oath to uphold the Constitution's restrictions on their power and there is no real penalty?

    Maybe it is time to penalize repeat offenders who vote for and pass (and don't veto) for unconstitutional laws. The voting booth is not enough to prevent future intrusions. A judge can sentence me to jail for breaking my oath to follow the law, the same should be true for those creating the laws.

  5. The FCC is perpetually exceeding its authority by Opportunist · · Score: 2, Insightful

    The FCC's business is making sure transmission equipment meets its technical specifications, doesn't interfere with other transmission equipment and that communication is not interrupted or tampered with.

    So where does that snooping come in? I can't see it in their profile.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  6. Lol: problem solved by Anonymous Coward · · Score: 2, Insightful

    As nice and reasonable as the judges could be, they can do nothing about addressing the root problem of this case: The Republican dominance of our Democracy.
    Here is what is wrong:
    You are absolutely correct. Remember that:
    1) The House is controlled by the Republicans
    2) The Senate is controlled by the Republicans
    3) The White House is controlled by the Republicans
    4) The Supreme Court is now controlled by the Republicans

    As a result Democrats have no legislative power, no subpoena power, no power to hold hearings, no swearing in the witnesses, no impeachment stick to protect the Constitution.

    Hence you have the NSA spying, wiretaps, "sneak and peak" PATRIOT ACTism

    I hope you will remember that come November elections by both voting, AND donating $$$. A little money can go a long way here