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  • Since the first modem connected two computers over a phone line, the FCC has been trying to figure out what to do about the Internet. They thought they had it all pretty much figured 1996
  • Let’s start with the easy stuff.
  • Phone, cable, power lines, wireless….
  • Thank you to Mark Eckenwiler
  • Transcript

    • 1. VoIP Voice over Internet Protocol or “ It is not Voice over IP; it is Everything over IP…” Bob Pepper, FCC.
    • 2. Three Views of VoIP
      • VoIP is the “poster child” for the ongoing convergence of communication systems
      • VoIP is a key element in the “Perfect Storm” that is turning telecommunications on its head
      • VoIP is simply a better way to make a phone call…NBD
    • 3. The Law of the Horse
      • “Technological advances must continually be evaluated and their relation to legal rules determined so that antiquated rules are not misapplied in modern settings… Yet, if the substance of a transaction has not changed, new technology does not require a new legal rule merely because of its novelty.”
      • Daniel v. Dow Jones & Co. (N.Y.C. Civ. Ct 1987) and Steve McDonald, ICPL 2004
    • 4. Two Worlds
      • Telecommunications Service:
        • Provides basic voice service for a fee
        • Highly regulated
          • Behavior (anti-trust, consumer protection…)
          • Revenue (USF, 911…)
      • Information Service
        • Provides enhanced communication service that involves data storage/processing i.e. Internet access, voice mail….
        • Unregulated
    • 5. We haven’t regulated the Internet because we didn’t know how to… Senator Cantwell Prediction: VoIP is going to make them figure it out
    • 6. Telecom or Information Service? The three flavors of VoIP
      • Computer to Computer: all Internet
      • Computer to Phone or Phone to Computer
      • Phone to Internet to Phone
    • 7. Telecom or Information?
      • Computer to Computer: all Internet
        • Pulver Decision
        • Information Service – no regulation
      • Computer to Phone or Phone to Computer
      • Phone to Internet to Phone
        • AT&T Decision
        • Telecommunications Service – full regulation
    • 8. What is it ?
      • “ VoIP breaks the mold.  It is voice as a data service.  Considered another way, the 1996 (Telecommunications) Act assumes that data applications operate on top of a regulated voice network.  VoIP, by contrast, delivers voice on top of an Internet protocol data channel, which can run on any type of digital network. ”
      • … . Kevin Werbach
    • 9. If in doubt don’t regulate
      • “ First do no harm”… Chairman Powell
    • 10. But, what if a lot of people switch to VoIP?
      • Four major issues + one more
      • Law Enforcement Access (CALEA)
      • Emergency 911 Service (Public Safety)
      • Access for the disabled (Disabilities Act)
      • Support for the Universal Service Fund
    • 11. One more problem with not regulating:
      • Commercial network owners tend to be large, powerful and few in number… can they be trusted if left unregulated?
    • 12. VoIP and the Law of the Horse
      • Should the existing telephone regulations apply to VoIP?
      • Should a new system be designed that maintains essential public services but is a better fit for the IP world?
      • Should we totally refrain from regulating VoIP?
    • 13. CALEA Communications Assistance for Law Enforcement Act
    • 14. A brief history of wiretapping
      • 1960’s : Wiretapping was easy; one phone company; basic technology
      • 1980’s: Deregulation means multiple carriers; cell phones; analog to digital transition begins
      • 1994: CALEA passed with several compromises; specifically no Internet; no private networks
      • 2004: VoIP: Wiretapping isn’t getting any easier…
    • 15. How many wiretaps are there? Subpoena/Court Order Warrant/Subpoena Other information: subscriber; transactional data Warrant/Subpoena Title III “Wiretap Order” Content Historical Real Time
    • 16. Federal and State Wiretap Orders for 2003
      • 1,442
      • 12 for computer communications (all successful)
      • Taken from: the "2003 Wiretap Report", issued April 30, 2004, available at
    • 17. Arguments
      • Law Enforcement
        • Criminals will increasingly use VoIP; it is a “substantial replacement” for phones
        • Needs to be easier and less expensive for LE
        • Applies to any system that connects to the public Internet
        • ISPs must pay compliance costs
      • All Others
        • LE has sufficient access now
        • Cost to comply can’t be justified
        • Will slow innovation and broadband adoption
        • Raises privacy questions
        • Data: how do you separate out voice?
    • 18. CALEA Predictions
      • It will pass with compromises
      • Industry standards will prevail (Cisco, Juniper)
      • Private networks will be exempt