FCC Goes to Court to Wiretap VoIP Connections

The Communications Assistance for Law Enforcement Act 

In 1994, Congress passed the Communications Assistance for Law Enforcement Act, also referred to as CALEA.  This act requires telephone companies to have built-in wiretapping devices so that phone conversations can be “tapped” into when necessary.  Of course, there were no technological advances like VoIP in 1994, so the act was geared only toward traditional phone companies. 

With the evolution of technology today, especially in the communications world, alternative ways of communicating have developed, making it difficult to regulate communications.  The FCC just mandated that Voice over Internet Protocol, or VoIP providers, must also comply with the CALEA act, forcing them to build a wiretap network into their system.  VoIP providers were given a year and a half to complete the task and comply with the CALEA act. 

The Controversy between the FCC and VoIP Providers

VoIP providers and other technology companies are worried about the FCC mandating Internet phone services exactly as telephone services are regulated.  They fear that the government will soon step in the way of every technological advance.  They also stated that the CALEA act was never intended for channels of communication other than telephone networks - making the inapplicable to them as VoIP providers. 

However, the FCC’s argument was that they fear for the country’s safety.  They were worried about the prospect of terrorists and criminals scheming illegal acts over VoIP networks because they have no wiretapping systems.  The FCC also argued that these VoIP providers have been required to institute a wiretapping system for a long time; they were just never pushed to do so until now.

The Case Goes to Court

The FCC is being taken to court by technological companies and privacy advocates in an effort to revoke the ruling that VoIP providers must comply with the CALEA act.