[CWN-Summit] Re: ad hoc network CALEA waiver
Richard MacKinnon
rich at lessnetworks.com
Wed Jun 20 13:03:45 CDT 2007
Interesting. Practically speaking, how long does it take to review
requests for exemptions of these types of
networks (and the volunteers who construct them) on a case-by-case basis." For instance, the case of Katrina, how long would it have taken to review the case--whether or not they had actually decided in CUWiN's favor?
--r
>
>----------------------------------------------------------------------
>
>Message: 1
>Date: Tue, 19 Jun 2007 16:29:31 -0400
>From: Harold Feld <hfeld at mediaaccess.org>
>Subject: [CWN-Summit] Some old CALEA Business (or, Somedays, the bear
> gets you)
>To: National Summit on Community Wireless Networking Participant
> E-mail List <cwn-summit at lists.cuwireless.net>
>Message-ID: <6.2.3.4.2.20070619160745.03d297d8 at mail.his.com>
>Content-Type: text/plain; charset="us-ascii"
>
>Back when the FCC had its rulemaking on the Katrina Report, I filed
>on behalf of CUWIN and others a request that the Commission declare
>that ad hoc networks set up for disaster relief are not subject to
>CALEA. Last week, the Commission issued its Report and Order,
>denying this request (but leaving the door open).
>
>I append the relevant langauge below.
>
>Harold
>___________________
>
>
>1. CALEA Exemption for Temporary Ad Hoc
>Networks. Champaign Urbana Wireless Network et al asks that the
>Commission clarify that volunteers who build ad hoc networks in
>response to an emergency need not comply with CALEA. They state
>that, in response to Hurricane Katrina, volunteers created numerous
>wireless networks to provide needed Internet connectivity for Red
>Cross shelters and others in areas where Katrina destroyed or
>substantially degraded existing infrastructure. On completing
>construction of these ad hoc networks, the volunteers turned these
>networks over to local operators and move on to help others.
>
>2. Champaign Urbana et al states that many of these
>ad hoc networks remained in operation for months and may still remain
>in operation today. They state that volunteers who generally did not
>maintain contact or provide any services for these networks once they
>turn them over to local operators. They state that these volunteers
>are not telecommunications carriers to whom CALEA generally applies
>and that these volunteers do not provide these services for hire. In
>addition, they state that these volunteers do not fall under the
>"substantial replacement provision" of the Act.
>
>3. They request that the Commission establish a
>blanket waiver for ad hoc wireless networks created in response to a
>state of emergency; and that any liability that might arise for
>failure to comply with CALEA if the networks remain in operation
>after the emergency would not lie with those who created the network
>so long as they turned control over the network to others. To the
>extent the Commission determines that these volunteers are subject to
>CALEA, Champaign Urbana et al requests that the Commission provide a
>general waiver pursuant to its authority to exempt any "class or
>category of telecommunications carrier."
>
>4. We do not have sufficient information in the
>record to justify grant of a blanket waiver as Champaign Urbana
>suggests. First it is not clear whether Champaign Urbana's request
>is for a blanket waiver of ad hoc temporary networks in all cases of
>emergencies, including those involving terrorist attacks. If so,
>such a waiver could actually impede law enforcement and thus hinder
>the purposes of CALEA. Moreover, we note that CALEA exemptions may
>only be granted after formal consultation with the U.S. Attorney
>General and that the Federal Bureau of Investigation (which formally
>has been designated by the Attorney General to handle CALEA
>obligations) has previously opposed granting blanket CALEA
>exemptions. For these reasons, we decline to issue a blanket waiver
>for these types of networks. Rather, we think the appropriate
>approach would be to review requests for exemptions of these types of
>networks (and the volunteers who construct them) on a case-by-case basis.
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>End of CWN-Summit Digest, Vol 34, Issue 11
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