[IP] FCC takes steps to remove neutrality, privacy obligations from wireless broadband

[David Farber <dave@farber.net>]

Begin forwarded message:

From: Ethan Ackerman <eackerma@u.washington.edu>
Date: March 22, 2007 2:47:07 PM EDT
To: David Farber <dave@farber.net>
Subject: FCC takes steps to remove neutrality, privacy obligations  
from wireless broadband

Greetings Dave,

The FCC held a meeting today
(http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271562A1.pdf)
where they took the expected step of declaring wireless broadband
service an "information service," effectively removing it from many of
the protections it had in its previous classification.  The press
releases and media coverage to follow have started already (see
http://www.mediaaccess.org/press/MAP%20Statement%20on%20Wireless% 
20Ruling.pdf
for an example)

Most coverage will probably focus on the issue of "net neutrality," as
that is one of the main issues this category change raises.  It is not
the only issue, however.  Important protections within the
Telecommunications Act turn on how a service is classified, including
the arguably decent privacy protections afforded telecommunications
services.  By redefining the classification of wireless broadband
service, The FCC has *probably* removed the privacy protections of
federal law (47 USC 222) from this service.

This is not little deal.  This section is one of the main laws that
the EFF sued AT&T over regarding NSA wiretapping.  Arguably, if AT&T
had been wiretapping broadband internet for the NSA, EFF couldn't have
even sued under that law.

(*Probably* - because we won't know for sure until the final order
comes out.  But the FCC didn't explicitly preserve these protections
in cable broadband or DSL recategorizations, there's no reason to
think they will now.)


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