[WISPA] Fw: Fw: [isp-wireless] FBI .......... Changed to CALEA and WISPs...
Hi All, I hate confusion and unanswered questions. So I sent this thread (names removed) to the HEAD of the CALEA group at the FBI. I've already been talking to Maura so I thought this appropriate. Anyway, the word from the top is that if you are a facilities base provider you fall under CALEA just like you do the 477 and 445 at the FCC. I'll let folks know more when I know more. laters, marlon - Original Message - To: 'Marlon K . Schafer 982-2181' ; 509 Sent: Wednesday, February 21, 2007 11:12 AM Subject: Re: Fw: [isp-wireless] FBI .. Changed to CALEA and WISPs... Hi Marlon, First, sorry I missed your folks last week. Unfortunately I was stuck in Albany, NY for several days because of a blizzard. Second, thanks for sending this email to me. I can see that there is some confusion about who must comply. It's hard for me to tell from the email trail what services the WISP member is providing. As we talked about before, if a provider is offering Broadband Internet Access or VoIP to the public then that provider must be CALEA compliant by May 14, 2007. I'd be happy to meet with folks from WISP in the next couple of weeks so we can talk through these issues. Thanks, Maura On Wed Feb 21 10:29 , Marlon K. Schafer (509) 982-2181 sent: Hi Maura, At the risk of seeming silly, and in the hopes that this gets no one in trouble, I thought that you should see this thread from a public mailing list. I'd like your comments on the accuracy of what we've been told here. The basic thrust of this is that we, as small rural wisps, won't have to be calea compliant for various reasons. I'd like to get our meeting with your team rescheduled as soon as it makes sense. A couple of weeks down the road should give me time to find people in the area that can attend. Assuming that something has been lost in the interpretation here, we really really need to get a wisp/small operator standard in place before the final deadline. Thanks! Marlon (509) 982-2181 Equipment sales (408) 907-6910 (Vonage) Consulting services 42846865 (icq) And I run my own wisp! [EMAIL PROTECTED] www.odessaoffice.com/wireless www.odessaoffice.com/marlon/cam To: isp-wireless@isp-wireless.com Sent: Tuesday, February 20, 2007 1:00 PM Subject: Re: [isp-wireless] FBI .. Changed to CALEA and WISPs... Yes. I told them I had a T1 to my location and provided wireless broadband connections to customers. He told me the FBI side of CALEA was only interested in the VOIP carriers. He said he had many calls to make for the forms filed by those that didn't need to. He did say and I did mention, this call was only for the FBI side and that the FCC still has their side of this requirement and send a letter to me after if they are not interested in us. His phone number 703-632-6163, I don't remember his name, I was driving when he called. - Original Message - To: isp-wireless@isp-wireless.com Sent: Tuesday, February 20, 2007 1:25 PM Subject: Re: [isp-wireless] FBI .. Changed to CALEA and WISPs... What I'm reading is you told them you are NOT a carrier. Key word is CARRIER. Did you tell them that you bought your internet from an upstream provider and installed your own equipment such as radio transmitters and routers and sold service to the public across your own network which you own and operate? I think there would be quite a few more questions to be asked before I would assume I was clear that I did not have to file. It's easy to take the first NO answer and run with it, but due diligence would require that you have a very indepth and revealing conversation with them. The fines are mighty stiff and if your right, which I would hope you are, I would want to be 100% right. I doubt I could afford a lawyer to get me out of this sort of mess with a huge beaurocracy like the FBI-Justice Dept. Just trying to be carefull. Yes, here is what happened. Prior I was told by Mr. McCain to file the forms on time because he didn't think he could get answers quick enough. Today I received a call from the FBI CALEA group in Arlington County, Virginia telling me I did not have to worry about being CALEA compliant for them because I was not a carrier. I did not provide VOIP, (Not the same as re-selling) If I was not the carrier of the VOIP I was not required to be CALEA compliant for the FBI. Even if I re-sold VOIP services, I was not required to be compliant for CALEA on the FBI side the actual carrier was. Vonage, Packet8 etc.. They did tell me they could not send me the letter that I was not required to be compliant, that the FCC still had to do their part of the CALEA. The FBI only receives a copy of the form, The FCC also has
Re: [WISPA] Fw: Fw: [isp-wireless] FBI .......... Changed to CALEA and WISPs...
That was an excellent thing to do Marlon. Big pat on the back :) I would hate to be the person that believes they don't have to file because of a post on a list. The only way I would NOT file something is if my attorney who I knew had direct contact with their attorney(s) told me he received in writing an opinion that we did not have to file. if the attorney I used a couple months ago on a contract thing told me I didn't have to file, I wouldn't believe him. It's too serious and the fines are just too stiff. Very scary stuff. But I would like the group that goes to DC this next trip to specifically ask: If an ISP hands out static Public IP's to every customer and his upstream is calea compliant, is he covered, assuming no voip is involved. George Marlon K. Schafer wrote: Hi All, I hate confusion and unanswered questions. So I sent this thread (names removed) to the HEAD of the CALEA group at the FBI. I've already been talking to Maura so I thought this appropriate. Anyway, the word from the top is that if you are a facilities base provider you fall under CALEA just like you do the 477 and 445 at the FCC. I'll let folks know more when I know more. laters, marlon - Original Message - To: 'Marlon K . Schafer 982-2181' ; 509 Sent: Wednesday, February 21, 2007 11:12 AM Subject: Re: Fw: [isp-wireless] FBI .. Changed to CALEA and WISPs... Hi Marlon, First, sorry I missed your folks last week. Unfortunately I was stuck in Albany, NY for several days because of a blizzard. Second, thanks for sending this email to me. I can see that there is some confusion about who must comply. It's hard for me to tell from the email trail what services the WISP member is providing. As we talked about before, if a provider is offering Broadband Internet Access or VoIP to the public then that provider must be CALEA compliant by May 14, 2007. I'd be happy to meet with folks from WISP in the next couple of weeks so we can talk through these issues. Thanks, Maura On Wed Feb 21 10:29 , Marlon K. Schafer (509) 982-2181 sent: Hi Maura, At the risk of seeming silly, and in the hopes that this gets no one in trouble, I thought that you should see this thread from a public mailing list. I'd like your comments on the accuracy of what we've been told here. The basic thrust of this is that we, as small rural wisps, won't have to be calea compliant for various reasons. I'd like to get our meeting with your team rescheduled as soon as it makes sense. A couple of weeks down the road should give me time to find people in the area that can attend. Assuming that something has been lost in the interpretation here, we really really need to get a wisp/small operator standard in place before the final deadline. Thanks! Marlon (509) 982-2181 Equipment sales (408) 907-6910 (Vonage) Consulting services 42846865 (icq) And I run my own wisp! [EMAIL PROTECTED] www.odessaoffice.com/wireless www.odessaoffice.com/marlon/cam To: isp-wireless@isp-wireless.com Sent: Tuesday, February 20, 2007 1:00 PM Subject: Re: [isp-wireless] FBI .. Changed to CALEA and WISPs... Yes. I told them I had a T1 to my location and provided wireless broadband connections to customers. He told me the FBI side of CALEA was only interested in the VOIP carriers. He said he had many calls to make for the forms filed by those that didn't need to. He did say and I did mention, this call was only for the FBI side and that the FCC still has their side of this requirement and send a letter to me after if they are not interested in us. His phone number 703-632-6163, I don't remember his name, I was driving when he called. - Original Message - To: isp-wireless@isp-wireless.com Sent: Tuesday, February 20, 2007 1:25 PM Subject: Re: [isp-wireless] FBI .. Changed to CALEA and WISPs... What I'm reading is you told them you are NOT a carrier. Key word is CARRIER. Did you tell them that you bought your internet from an upstream provider and installed your own equipment such as radio transmitters and routers and sold service to the public across your own network which you own and operate? I think there would be quite a few more questions to be asked before I would assume I was clear that I did not have to file. It's easy to take the first NO answer and run with it, but due diligence would require that you have a very indepth and revealing conversation with them. The fines are mighty stiff and if your right, which I would hope you are, I would want to be 100% right. I doubt I could afford a lawyer to get me out of this sort of mess with a huge beaurocracy like the FBI-Justice Dept. Just trying to be carefull. Yes, here is what happened. Prior I was told by Mr. McCain
