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MONDAY BUZZ: ACE Files Suit Against FCC Over New Wiretapping Regulations

Oct. 24, 2005

The American Council on Education (ACE) filed an appeal today in the federal appellate court for the District of Columbia challenging regulations issued last week designed to broaden law enforcement's ability to monitor electronic communications involving suspected terrorists and criminals.

Issued by the Federal Communications Commission (FCC), the new regulations extend to universities, libraries, airport public wireless networks and commercial Internet service providers provisions of the 1994 Communications Assistance for Law Enforcement Act (CALEA), which directed telephone companies to redesign their networks to enable law enforcement agencies to have remote access to their systems.

The new rules extend the remote access requirements to computer networks. Implementation would require all Internet service provides, including colleges and universities, to upgrade computer network switches and routers by June 2007 to enable remote monitoring by law enforcement agencies. The cost to upgrade college and university computer networks is estimated at $7 billion according to ACE.

"Colleges and universities have a long history of working with law enforcement agencies pursuing criminal investigations and are proud of our working relationship," said Sheldon E. Steinbach, ACE vice president and general counsel. "In filing suit, we hope to convince the FCC that colleges and universities can provide the same access through alternative approaches without the need to incur the $7 billion expense of revamping our computer network systems. This alternative approach also would make it more efficient for law enforcement. When you evaluate efficiency versus the incredible cost of compliance, we just don't think it makes a lot of sense."

Here's how three major media outlets covered the story today:

Lawsuit Will Challenge New Federal Rule Requiring Costly Changes to Campus Networks
The Chronicle of Higher Education (sub. req.) (Oct. 24, 2005)

$7 Billion to Fix a Non-Problem
Inside Higher Ed (Oct. 24, 2005)

Colleges Protest Call to Upgrade Online Systems
The New York Times (free sub. req.)(Oct. 24, 2005)