The FCC Battles Terrorism

Expanding the scope and reach of its surveillance apparatus is, of course, one of the major operations of war on terror government. But we must admit our surprise that now they are trying to pass the costs and responsibilities for this surveillance technology off onto companies, municipalities ands universities. The FCC last week reaffirmed a May 14, 2007 deadline requiring providers of facilities-based broadband service and voice over internet protocol to build central surveillance hubs into their networks. Not only may broadband and VOIP providers be required to rewire their networks, but they (or their subscribers) will have to pick up the tab.

Who is the FCC to hold back, however, when such net surveillance rules are necessary to make it easier to catch "criminals, terrorists and spies" who would otherwise be able to evade detection? After all FCC Commissioner, Democrat Michael Copps, reminds us, "The first obligation is...the safety of the people. This commission supports efforts to protect the public safety and homeland security of the United States and its people."

A group of businesses and organizations who may be affected by the rules (including the American Association of Community Colleges, the Association of American Universities and the American Library Association as well as many information technology companies) have brought suit challenging the new requirements. But as with all such legal challenges, the lawsuit is limited in its scope, and will be even more limited in its political effects. Co-counsel in the lawsuit stated pretty clearly what plaintiffs big concerns are, when he explained that, “we're going to have a lot of fights over cost reimbursement." Plaintiffs do not raise substantial privacy concerns, much less challenge the basic premise that new technology poses a threat to personal safety, national security, and vital law enforcement activity.

Nonetheless, the FCC’s latest ruling does serve to remind that while the public is focused on the threats to privacy from private business operations, our government is twisting the arm of business to find a way to invade that privacy where it is not currently possible.