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VoIP
Voice over Internet Protocol
or
“It is not Voice over IP; it is Everything
over IP…” Bob Pepper, FCC.
Three Views of VoIP
VoIP is the “poster child” for the ongoing
convergence of communication systems
VoIP is a key element in the “Perfect Storm”
that is turning telecommunications on its head
VoIP is simply a better way to make a phone
call…NBD
The Law of the Horse
“Technological advances must continually be
evaluated and their relation to legal rules
determined so that antiquated rules are not
misapplied in modern settings… Yet, if the
substance of a transaction has not changed,
new technology does not require a new legal
rule merely because of its novelty.”
Daniel v. Dow Jones & Co. (N.Y.C. Civ. Ct 1987) and Steve McDonald, ICPL 2004
Two Worlds
Telecommunications
Service:
Provides basic voice
service for a fee
Highly regulated
• Behavior (anti-trust,
consumer protection…)
• Revenue (USF, 911…)
Information Service
Provides enhanced
communication service
that involves data
storage/processing i.e.
Internet access, voice
mail….
Unregulated
We haven’t regulated the
Internet because we didn’t
know how to…Senator Cantwell
Prediction:VoIP is going to make
them figure it out
Telecom or Information Service?
The three flavors of VoIP
Computer to Computer: all Internet
Computer to Phone or Phone to Computer
Phone to Internet to Phone
Telecom or Information?
Computer to Computer: all Internet
Pulver Decision
Information Service – no regulation
Computer to Phone or Phone to Computer
Phone to Internet to Phone
AT&T Decision
Telecommunications Service – full regulation
What is it ?
“VoIP breaks the mold. It is voice as a data
service. Considered another way, the 1996
(Telecommunications) Act assumes that data
applications operate on top of a regulated voice
network. VoIP, by contrast, delivers voice on top of
an Internet protocol data channel, which can run
on any type of digital network.”
….Kevin Werbach
If in doubt don’t regulate
“First do no harm”…Chairman Powell
But, what if a lot of people switch
to VoIP?
Four major issues + one more
1.
2.
3.
4.
Law Enforcement Access (CALEA)
Emergency 911 Service (Public Safety)
Access for the disabled (Disabilities Act)
Support for the Universal Service Fund
One more problem with not
regulating:
Commercial network owners tend to be large,
powerful and few in number… can they be
trusted if left unregulated?
VoIP and the Law of the Horse
Should the existing telephone regulations
apply to VoIP?
Should a new system be designed that
maintains essential public services but is a
better fit for the IP world?
Should we totally refrain from regulating VoIP?
CALEA
Communications Assistance for Law
Enforcement Act
A brief history of wiretapping
1960’s : Wiretapping was easy; one phone company;
basic technology
1980’s: Deregulation means multiple carriers; cell
phones; analog to digital transition begins
1994: CALEA passed with several compromises;
specifically no Internet; no private networks
2004:VoIP: Wiretapping isn’t getting any easier…
How many wiretaps are there?
Content
Other
information:
subscriber;
transactional data
Real Time
Historical
Title III “Wiretap
Order”
Warrant/Subpoena
Warrant/Subpoena
Subpoena/Court
Order
Federal and State Wiretap Orders
for 2003
1,442
12 for computer communications (all
successful)
Taken from: the "2003 Wiretap Report", issued
April 30, 2004, available at
http://www.uscourts.gov/wiretap03/contents.html
Arguments
Law Enforcement
Criminals will
increasingly use VoIP; it is
a “substantial
replacement” for phones
Needs to be easier and
less expensive for LE
Applies to any system
that connects to the
public Internet
ISPs must pay
compliance costs
All Others
LE has sufficient access
now
Cost to comply can’t be
justified
Will slow innovation and
broadband adoption
Raises privacy questions
Data: how do you
separate out voice?
CALEA Predictions
It will pass with compromises
Industry standards will prevail (Cisco, Juniper)
Private networks will be exempt