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Digital Telephony and the Net

It's late and I'm about to go home, but my search through the text of the
Digital Telephony legislation comes up with the attached definitions the
law uses. 

If I were, say, Jason "The Weasel" Baron (who's my fave DoJ attorney) and
I wanted to really screw over some netizens, I might try to argue that an
ISP should be a "telecommunications carrier." If the FCC bought my
argument and thought that an ISP could in some cases substantially replace
telephone service, then DT would apply to ISPs. 

Then ISPs must -- at the request of "authorized" Feds acting even without
a warrant -- cough up all data coming to and from a person on their system. 

I'm probably wrong here and I hope I am, so I'm copying this to Marc who
can point out the holes in my reasoning. 


// [email protected] // I do not represent the EFF // [email protected] //

            (4) The term `electronic messaging services' means
              software-based services that enable the sharing of data, 
              images, sound, writing, or other information among computing
              devices controlled by the senders or recipients of the messages.

   (6) The term `information services'--
                    (A) means the offering of a capability for generating,
                  acquiring, storing, transforming, processing, retrieving,
                  utilizing, or making available information via
                  telecommunications; and
                    (B) includes--
                        (i) a service that permits a customer to retrieve
                      stored information from, or file information for 
                      storage in, information storage facilities;
                        (ii) electronic publishing; and
                        (iii) electronic messaging services; but

    (8) The term `telecommunications carrier'-- [...]
    (ii) a person or entity engaged in providing wire or
                      electronic communication switching or transmission
                      service to the extent that the Commission finds that
                      such service is a replacement for a substantial portion
                      of the local telephone exchange service and that it is
                      in the public interest to deem such a person or entity
                      to be a telecommunications carrier for purposes of this
                      title; but

 (C) does not include--
                        (i) persons or entities insofar as they are engaged 
                      in providing information services; and
                        (ii) any class or category of telecommunications
                      carriers that the Commission exempts by rule after
                      consultation with the Attorney General.

            (a) Capability Requirements: Except as provided in subsections
          (b), (c), and (d) of this section and sections 108(a)  and 109(b)
          and (d), a telecommunications carrier shall ensure that its
          equipment, facilities, or services that provide a customer or
          subscriber with the ability to originate, terminate, or direct
          communications are capable of--
                (1) expeditiously isolating and enabling the government,
              pursuant to a court order or other lawful authorization, to
              intercept, to the exclusion of any other communications, all
              wire and electronic communications carried by the carrier 
              within a service area to or from equipment, facilities, or
              services of a subscriber of such carrier concurrently with 
              their transmission to or from the subscriber's equipment,
              facility, or service, or at such later time as may be 
              acceptable to the government;