Still more questions about the FCC order on 'Net wiretapping

NETWORK WORLD NEWSLETTER: GIBBS & BRADNER
10/18/05

Dear networking.world@gmail.com,

In this issue:

* Net Insider columnist Scott Bradner continues exploring the
FCC's recent order regarding the Communications Assistance for
Law Enforcement Act
* Links related to Gibbs & Bradner
* Featured reader resource
_______________________________________________________________
This newsletter is sponsored by HP
FROM THE NETWORK CORE TO THE NETWORK EDGE

Traffic management becomes critical as your network
infrastructure expands to support different types of traffic and
users. Most traffic management solutions have serious
limitations: too expensive, difficult to use, and overly taxing
on bandwidth. However ProCurve Networking by HP addresses these
requirements, overcomes the limitations of other solutions, and
gives you valuable insight into LAN performance. Click here to
download HP's Traffic Management Whitepaper
http://www.fattail.com/redir/redirect.asp?CID=117658
_______________________________________________________________
IETF EFFORT PROMISES FEWER NET FAILURES

Shortcomings in current ways of configuring network devices has
the IETF working to standardize a network configuration protocol
known as NetConf. The thrust behind NetConf, which could be
adopted by year-end, is to reduce the programming effort
involved in automating device configuration. But is adoption by
major vendors likely? Click here for more:
http://www.fattail.com/redir/redirect.asp?CID=117688
_______________________________________________________________

Today's focus: Still more questions about the FCC order on 'Net
wiretapping

By Scott Bradner

Last week
<http://www.networkworld.com/columnists/2005/101005bradner.html>
I started exploring the FCC's recent order regarding the
Communications Assistance for Law Enforcement Act, but there are
far more questions to ask about the order.

To complicate matters, the FCC released its final Policy
Statement on Broadband Internet Access
<http://www.networkworld.com/nlgibrad8812> on the same day it
released the CALEA order.

I mentioned the four principles contained in the policy
statement in my Aug. 15 column
<http://www.networkworld.com/columnists/2005/081505bradner.html>.

At least one of the principles, along with an aside in the FCC
First Report and Order and Further Notice of Proposed
Rulemaking, seem to signal that a significant extension of the
order might be in our future.

The second principle sounds good when it says, "consumers are
entitled to run applications and use services of their choice."
But things get murkier when it continues with "subject to the
needs of law enforcement," and the CALEA order says that a
future order will address the identification of "future
services" subject to CALEA.

If that's not enough, the FCC's arguments about why CALEA should
cover VoIP just as easily applies to almost any Internet
application. This sounds like the FCC will order that law
enforcement approve Internet applications before you can use
them. That will surely drive innovation and make U.S.
applications attractive elsewhere in the world. (Not!)

In the CALEA order, the FCC has decided that the differentiation
between telecommunications and information services delineated
in the Telecom Act of 1996 is null and void, seemingly because
offering an information service involves telecom. That's a deft
move, but one that I expect will be subject to quite a bit of
legal second-guessing. Lots of things that I suspect Congress
thought it was being clear about (for example, what services are
covered by CALEA) get muddy when you blow away that
differentiation. Congress might not agree with the FCC's
cavalier move.

The FCC leaves open the question of whether small and rural
broadband Internet providers and "providers of broadband
networks for educational and research institutions should be
exempt from CALEA."

This is just after concluding that some of these networks are
private and thus exempt (see footnote 100) - another confusion
to resolve.

The FCC CALEA order claims that the commission has already told
broadband ISPs "in great detail what these carriers would be
required to do if they were subject to CALEA," in the previous
notice of proposed rulemaking
<http://www.networkworld.com/nlgibrad518>.

Actually, what the FCC did was tell carriers that TIA standard
J-STD-025 was on the right track (this document is available for
purchase <http://www.networkworld.com/nlgibrad8813> from
Telecommunications Industry Association.

The FCC says that CALEA applies to carriers offering services
"for sale to the public." I wonder what that means for free
Wi-Fi hot spots, including the systems that some cities are
working on, or Google's ad-supported service.

This order does warn that the FCC will be issuing more orders.
Maybe next time there will be more answers than questions so
that people, including those at carriers, will actually
understand what they have to do and when (subject, of course, to
the outcome of the totally predictable legal battles).

Disclaimer: "Totally predictable" and "Harvard" are not
generally used in conjunction, and the above is my own opinion
anyway.

The top 5: Today's most-read stories

1. Cisco finally brings security push to LAN
<http://www.networkworld.com/nlgibrad9051>
2. Exploit code discovered for new Microsoft flaw
<http://www.networkworld.com/nlgibrad9052>
3. You won't find this book on Oprah's list
<http://www.networkworld.com/nlgibrad8500>
4. HP recalls thousands of laptop battery packs
<http://www.networkworld.com/nlgibrad9053>
5. Skype: Hazardous to network health?
<http://www.networkworld.com/nlgibrad7980>

_______________________________________________________________
To contact: Scott Bradner

Bradner is a consultant with Harvard University's University
Information Systems. He can be reached at <mailto:sob@sobco.com>

_______________________________________________________________
This newsletter is sponsored by HP
FROM THE NETWORK CORE TO THE NETWORK EDGE

Traffic management becomes critical as your network
infrastructure expands to support different types of traffic and
users. Most traffic management solutions have serious
limitations: too expensive, difficult to use, and overly taxing
on bandwidth. However ProCurve Networking by HP addresses these
requirements, overcomes the limitations of other solutions, and
gives you valuable insight into LAN performance. Click here to
download HP's Traffic Management Whitepaper
http://www.fattail.com/redir/redirect.asp?CID=117657
_______________________________________________________________
ARCHIVE LINKS

Gibbs archive: http://www.networkworld.com/columnists/gibbs.html
Bradner archive:
http://www.networkworld.com/columnists/bradner.html
_______________________________________________________________
FEATURED READER RESOURCE

Network World Technology Insider on Security: Is Encryption the
Perspective?

Encryption won't solve all your security issues but these days
there is no excuse for not safeguarding your organization's
sensitive data. From Clear Choice product coverage to new
regulations and high-profile breaches, this Technology Insider
on Security covers it all. Click here to read now:

<http://www.networkworld.com/nlgibrad7526>
_______________________________________________________________
May We Send You a Free Print Subscription?
You've got the technology snapshot of your choice delivered
at your fingertips each day. Now, extend your knowledge by
receiving 51 FREE issues to our print publication. Apply
today at <http://www.subscribenw.com/nl2>

International subscribers click here:
<http://nww1.com/go/circ_promo.html>
_______________________________________________________________
SUBSCRIPTION SERVICES

To subscribe or unsubscribe to any Network World e-mail
newsletters, go to:
<http://www.nwwsubscribe.com/Changes.aspx>

To change your e-mail address, go to:
<http://www.nwwsubscribe.com/ChangeMail.aspx>

Subscription questions? Contact Customer Service by replying to
this message.

This message was sent to: networking.world@gmail.com
Please use this address when modifying your subscription.
_______________________________________________________________

Have editorial comments? Write Jeff Caruso, Newsletter Editor,
at: <mailto:jcaruso@nww.com>

Inquiries to: NL Customer Service, Network World, Inc., 118
Turnpike Road, Southborough, MA 01772

For advertising information, write Kevin Normandeau, V.P. of
Online Development, at: <mailto:sponsorships@nwfusion.com>

Copyright Network World, Inc., 2005