[IP] more on Ohio University announces changes in file-sharing policies

[David Farber <dave@farber.net>]

Begin forwarded message:

From: John Morris <jmorris@cdt.org>
Date: April 27, 2007 11:15:07 AM EDT
To: dave@farber.net
Subject: Re: [IP] more on Ohio University announces changes in file- 
sharing policies

Dave, for IP if appropriate .....

At 9:55 AM -0400 4/27/07, David Farber wrote:
> Begin forwarded message:
>
> From: Jim Thompson <jim@netgate.com>
> Date: April 27, 2007 8:58:16 AM EDT
> To: dave@farber.net
> Cc: Brett Glass <brett@lariat.net>, dpreed@reed.com, Doc Searls  
> <doc@ssc.com>
> Subject: Re: [IP] more on Ohio University announces changes in file- 
> sharing policies

> Of course, it remains to be seen if Ohio University is a  
> "facilities-based Broadband service provider":

Under CALEA, the University almost certainly operates a private  
network.  In reviewing concerns about CALEA raised by the acadamic  
community, the U.S. Court of Appeals for the DC Circuit rejected  
those concerns specifically because private networks are not covered  
by the order requiring compliance by May 14, 2007.  As the Court  
confirmed:

"The Order on review-like CALEA-expressly excludes "private networks"  
from its reach."

See http://www.cdt.org/wiretap/calea/ 
20060609dccircuitcaleadecision.pdf at page 20.  So, although some  
universities are going down the CALEA road in an overabundance of  
caution, they are not obligated to take any action under CALEA.

To be clear, that does not mean they can avoid complying with a  
lawful wiretap or interception order -- any and all persons or  
entities must comply with such orders if lawfully served.  But  
universities do not need to pro-actively design or re-architect their  
networks to faciliate wiretapping (which is what, in essense, CALEA  
requires).

John Morris

--
----------------------------------------
John B. Morris, Jr.
Staff Counsel
Director, Internet Standards, Technology
   & Policy Project
Center for Democracy and Technology
1634 I Street NW, Suite 1100
Washington, DC 20006
(202) 637-9800
(202) 637-0968 fax
jmorris@cdt.org
http://www.cdt.org
----------------------------------------


-------------------------------------------