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- ############ ########## Volume 2 Number 8
- ############ ########## April 17, 1992
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-
- |~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| EFFector
- | | ONline
- | DIGITAL TELEPHONY |
- | The FBI/DOJ Initiative: | eff@eff.org
- | An EFF Editorial |
- | | 155 Second Street
- | ISDN YOU CAN AFFORD | Cambridge, MA 02141
- | A Report from the EFF/ISDN Lab | (617) 864-0665
- | |
- | | 666 Pennsylvania Ave.SE
- | | Washington, DC 20003
- | | (202) 544-9237
- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
-
- REACH OUT AND TAP SOMEONE?
- An Editorial
- By Mike Godwin (mnemonic@eff.org)
-
- You can imagine how difficult the invention of the telephone made law
- enforcement in the late 19th and early 20th century. Prior to the spread
- of telephone networks, criminals had to meet *in person* to conspire.
- If known criminals could be seen meeting at known criminal hangouts,
- law-enforcement agents would often be tipped off that something was up.
- Once the telephone became widespread, however, it became possible for
- criminals to plan crimes without being in the same place--without even
- being in the same town! The advent of telecommunications had made
- detecting and deterring crime a bit harder. Because of this we might
- understand, if not entirely sympathize with, a law-enforcement agent in
- 1900 who believed that telephones should be banned altogether.
-
- By the same token, we can understand the motivations of FBI Director
- William Sessions, who, along with the Department of Justice, wants to
- see a law passed that would prevent advances in telecommunications
- technology from making wiretaps more difficult. But that doesn't mean we
- should be sympathetic to the FBI/DOJ initiative, which would shift the
- burden of making wiretaps feasible from the government to the phone
- companies (and to other electronic communications providers such as
- CompuServe, Prodigy, and small BBSs). Considered as a whole, this
- initiative is based on false technological premises and questionable
- philosophical ones.
-
- The initiative,called "Digital Telephony," would "require providers of
- electronic communications services and private branch exchanges to
- ensure that the Government's ability to lawfully intercept
- communications is unimpeded by the introduction of advanced digital
- telecommunications technology or any other telecommunications
- technology." The initiative would also require that changes or additions
- in communications software or hardware be paid for through increased
- rates to consumers. All changes and additions to the nation's
- telecommunications system done under the initiative would be
- administered by the Federal Communications Commission (in cooperation
- with the U.S. Attorney General). The initiative also provides that, if
- requested by the Attorney General, "any Commission proceeding concerning
- regulations, standards or registrations issued or to be issued under
- authority of this section shall be closed to the public." In effect, the
- FCC would compel and supervise the incorporation of wiretapping software
- and hardware into the upgraded digital telephone system. And, if the
- Attorney General wished it, this action could take place without public
- review.
-
- On the technology side, telephone experts question the Justice
- Department's assertion that "the emergence of digital telecommunications
- technology will preclude the FBI and all of law enforcement from being
- able to intercept electronic communications[,] thus all but eliminating
- a statutorily sanctioned, court authorized and extraordinarily
- successful investigative technique." Few of these experts believe that
- digital telephony itself poses the risk of making wiretapping wholly
- impossible; at most, say some experts, wiretapping of digital lines may
- be more difficult. And it should be noted that digital telephone service
- is already in place at many sites, yet Director Sessions told Congress
- just this year that there has not been a single case in which the FBI
- has been unable to implement a wiretap.
-
- If wiretapping is not about to become obsolete, why are the FBI and the
- Justice Department eager to impose upon communications providers the
- obligation to build in wiretapping capability? One possible explanation
- lies in last year's effort by the Department of Justice (in S. 266) to
- expand government authority to compel phone-companies to "ensure that
- communications systems permit the government to obtain the plain text
- contents of voice, data, and other communications when appropriately
- authorized by law." On its face, this language would have outlawed the
- phone companies' carrying of encrypted communications if the government
- could not decrypt those communications into their "plain text contents."
-
- Far more than digital telephone service itself, encryption poses the
- risk of making the interception and reading of electronic communications
- immensely difficult if not impossible. Talk to law enforcement personnel
- who've considered the problem, and they'll tell you they're worried
- about the increasing use of commercial encryption, since it would give
- criminals the potential to make their communications, even when
- intercepted, impossible to read. But for the same reason, noncriminal
- uses of encryption are also growing--businesses and individuals have
- valid reasons for wanting to keep their communications private. That's
- why a coalition of industry and civil-liberties groups opposed S. 266
- last year and managed to get it killed.
-
- That coalition might have had a harder time, however, if the FBI and the
- Justice Department had already passed their Digital Telephony
- initiative. If this initiative had already been in place, the
- government could have urged lawmakers to outlaw encryption in order to
- *protect the phone companies' investment in built-in wiretapping
- capability*. "You've already required the phone companies to build in
- wiretapping," the FBI could tell Congress. "All we're asking now is that
- you ensure that the intercepted communications are readable."
-
- This hypothetical case underscores the philosophical problems civil
- libertarians have with the Digital Telephony initiative. Historically,
- when advances in communications technology have raised problems for law
- enforcement, the government has coped with those problems by developing
- advances in its own investigatory techniques. For example, when
- telephone systems made it hard to monitor suspects' plans and
- activities, the government didn't outlaw telephones--it learned how to
- implement wiretaps. Until now, U.S. law-enforcement agencies normally
- have responded to new problems in detecting criminal communications by
- developing innovative investigative tools.
-
- And that's what they should be doing in response to whatever new
- problems are posed by digital telephony and encryption. This is why EFF
- is coordinating a coalition of privacy and civil-liberties groups and
- computer, communications, and telephone companies -- a coalition ranging
- from Computer Professionals for Social Responsibility and the ACLU to
- IBM and U.S. West -- that opposes this initiative. In a free society, we
- believe, the government has no business compelling the phone companies
- to turn our communications networks into surveillance systems.
-
- -==--==--==-<>-==--==--==-
-
- THE SWITCHED CIRCUIT
- Number 1: Reasonable ISDN Rates Available In Massachusetts
- A Report from the EFF's ISDN Lab
- By Christopher Davis <ckd@eff.org> and Helen Rose <hrose@eff.org>
-
- This is the first in a series of reports from the EFF's new ISDN Lab,
- where we'll be working with the ISDN offerings from New England
- Telephone, along with as many different kinds of ISDN hardware as we can
- get our hands on.
-
- We recently attended a seminar on ISDN given by New England Telephone
- for the benefit of telecommunications consultants. Though they focused
- primarily on the business aspects of ISDN (no surprise there) they also
- said they were pricing the service for residential lines, "regular"
- single-line business service, and INTELLIPATH Centrex. The apparent
- market focus for offering the residential service is the work-at-home or
- "telecommuting" population, but the residential service is not crippled
- in any way.
-
- The prices for ISDN services are encouraging. First and foremost, they
- are affordable. This is *not* the gold-plated offering we've seen from
- some of the regional Bells. (Note that these only apply to Massachusetts.)
-
- Installation charges for ISDN Basic Rate Interface (BRI) which supplies
- 2 B channels plus a D channel for call setup and/or low-speed X.25
- packet data) are low (regular installation charges, plus $15 for each
- circuit- switched voice, data, or voice/data B channel) and monthly
- rates are only $8 over the regular rates for that class of service, plus
- $5 for data or voice/data B channels. (Packet switched connections at
- either high or low speed are more expensive, however.)
-
- One very nice feature is that NET is not charging the usual monthly
- surcharge ($2+) for tone service; this makes the price of an ISDN line
- actually *cheaper* than the two voice lines many people have in order to
- make data calls while leaving their "normal" line free. Though you
- can't order two of the same type of B channel, the voice/data channel
- can be used for either voice or data on a per call basis.This allows you
- to order a voice channel and a voice/data channel to get, in effect, two
- voice lines while also having the ability to do circuit-switched data.
-
- Voice calls are charged at the usual rate, so if you have unmeasured
- voice service, you're not going to be stuck with measured ISDN voice
- service. Circuit-switched data calls (64kbps) are charged at measured
- rates (until September 25, at business measured rates--currently $.0963
- for the first minute and .016 for each additional minute; after
- September 25, residential customers will pay $.026 for the first
- minute), but are only available (currently) within the same central
- office. NET plans to make interoffice connections available starting
- 4th quarter 1992. The ability to do long-distance ISDN will have to
- wait for National ISDN-1, which probably won't happen until 1993 or
- later.
-
- It may be possible to do 56kbps data over an ISDN "voice" connection,
- since the voice connection is merely a bit-robbed digital end-to-end
- connection. This is one of the first things we'll test; if true, it
- will make an already affordable ISDN tariff even more so.
-
- As part of the ISDN Lab, we'll be trying ISDN between our home and EFF's
- Cambridge office, allowing us to test both the residential and business
- offerings, and everything from straight 56/64kbps "fast modem" style
- connections to AppleTalk and IP over ISDN.
-
- As part of this effort, we will be working with several computer and
- telecommunications hardware providers to try out various ISDN terminal
- adapters, routing software, and the like.
-
- If you have questions about ISDN, or suggestions for the ISDN Lab, send
- electronic mail to isdnlab@eff.org.
-
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