U.S. telecommunications regulators on Friday faced tough questioning from a federal appeals court about whether the government can force broadband Internet service providers to give law enforcement authorities access for surveillance purposes.

One of the three judges hearing the case called the government’s rationale for the surveillance requirement “gobbledygook,” and another also expressed reservations.

“This is totally ridiculous. I can’t believe you’re making this argument,” Judge Harry Edwards told the Federal Communications Commission lawyer.

The American Library Association and Association of American Universities, challenged the agency’s authority to extend such requirements to high-speed Internet services. The groups challenging the decision note that the law contains an exemption for “information services.” They say the FCC has long included broadband Internet in that category.

Judge Edwards agreed. And he scoffed at the FCC’s argument that broadband Internet services included a separate telecommunications “component” that made it subject to the wiretapping requirements.

“Your argument makes no sense,” Edwards told Jacob Lewis, an associate general counsel with the FCC.

“I’m sorry I’m not making myself clear,” Lewis said.

“You’re making yourself very clear. That’s the problem,” Edwards replied.

The FCC now advocates as much for reactionary politics as backwards economics. This doesn’t really surprise anyone, does it?



  1. AB CD says:

    I don’t know about broadband providers, but libraries and universities shouldn’t be suing. The hijackers were here on student visas and using library internet. Is Professor Al Arian running things?

  2. ECA says:

    OK,
    the CIA, TRIEd to monitor the net.
    Useing certain KEY words to track who was saying WHAT…

    In 1 day, they FILLEd a room about 20×20 with monitoring.
    ENOUGH to keep 5 people BUSY for the next year. Easy.

    The ONLY way that monitoring can work, is IF’ you could have 1/2 the country, WATCHING the other half. There isnt enough people in the CIA, FBI, DEA to watch ALL our representitives and congress, FORGET trying to monitor the WHOLE US…

  3. Milo says:

    The highjackers would have been caught if the FBI and CIA hadn’t ignored multiple warnings.

    Besides what’s the argument here. Terrorists abuse freedoms so take freedoms away?

  4. Reidh Beallagh says:

    The FIX is in. If the Government would install “windows” in tanks and submarines, what will stop them from accessing “windows” users on the net. Everybody tells you that windows is the most buggy and flawed OS on the market, and almost the only one. Even if they do or don’t get an ok from justices, they will do what they want. They did have plenty of time to have stopped the 9/11 disaster, but that would have been bad for Business (of halliburtons ilk). “..The business of America, IS BUSINESS.” …Woodrow Wilson

  5. doug says:

    3. exactly! It is not that law enforcement needs more ‘tools’ (ie restrictions on Americans’ freedom and invasions of their privacy) to catch terrorists, it is just that law enforcement needs to use the ones they have with a modicum of intelligence.

    In other words, show me a cop who says he needs more surveillance power, and I will show you a lazy cop …

  6. Mike Voice says:

    #4 Even if they do or don’t get an ok from justices, they will do what they want.

    I believe the same thing. They are only going through the courts to try to force co-operation – but they can monitor a lot without co-operation or judicial approval. And since Dubya claims Congress authorized him broad powers to fight the “War on Terror”, I would be surprised if they are not trying to evesdrop on everything they can – in secret.

  7. Aaron says:

    Milo,

    The second half of your comment is spot on…you’re my new favorite contributor.

    On that same note has anyone noticed they shortened the name of the “Freedom Towers”…shouldn’t they be called: “Excuse For Taking Freedom From Americans Towers”?

  8. Milo says:

    Thanks Aaron. I wanted a park there but what would the chance of that be? After all if there’s one thing NY needs it’s more towers!

  9. Aaron says:

    I don’t mind the towers being built, it’s the word “freedom” is being used as the cup to deliver our Cool-Aid!…I’m not drinking it!

  10. joshua says:

    #4….put your tin hat back on. This country may have it’s flaws, but self emolation isn’t one of them. You crack pots that keep saying that we did it to ourselves are just that….crack pots.

    And if your going to quote…..quote correctly….it was Calvin Coolidge.

  11. Mr. Fornicated Up Fusion says:

    Joshua, good catch, that was Coolidge.
    Let me give you a Wilson quote then.:
    “Liberty has never come from the government. Liberty has always come from the subjects of it. The history of liberty is a history of resistance.”

    Would you also like to hear Franklin’s “giving up liberty” again?

    Besides, what is wrong with windows on submarines? It isn’t as if they are putting screen doors on them. Lots of submersibles have windows so the scientists can see what is out there.

  12. formerUTstudent says:

    “Those willing to give up a little liberty for a little security deserve neither security nor liberty.”
    Benjamin Franklin
    When the government keeps teling you that they will protect you, it is a good thing to remember that both Castro and Kruschev used that as their excuse as well.

  13. BOB G says:

    My ,if only one of you had been in charge in 2001 none of it whould have happened. I whould be curious to know if any of you have ever been in the service of your country in any capacity.

  14. Milo says:

    BOB G: Ah yes another one of those former Colonels with 6 Purple Hearts and 3 Congo Medals that always seem to come into the discussion. Or you could be a Sargent-Major, that always has a certain grittiness to it. But maybe you’re just electrons hitting the coating on my screen.

  15. Aaron says:

    BOB,

    Not to pile on but please make a point, or argument that supports your point of view. The discussion board is just that, a discussion board. (It’s not there for personal attacks on those you disagree with…that is what you were trying to do right?)

    If your point is that those who have done service for our country all have the same point of view, then I think you will realize the flaw in your thinking. If you’re saying: “unless you do service for your country your opinion is inconsequential”, then this is a narrow point of view, which is easily reasoned away.

  16. FormerUTstudent says:

    BOB G.
    Actually I am medically discharged from the navy, and I was wondering the same have you ever taken a bullet that destroyed the life you had in service of your country for a fight that no one knows existed?

    Is the capitalization of your name supposed to infer importance? Self-Importance is not noble, it is mearly dilution.

    The Freedom I fought for is being destroyed by yes men and the sheep that will do whatever they are told is needed to “Protect” them from a faceless foe who never goes away.

  17. Aaron says:

    BOB?…….BOB?……BOB?

    AW…BOB did you dun get blow’d up?


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