It seems that what we really have is mis-placed priority.
Apparently it is more of an outrage to wear fur, than to target an 
immature industry and push it into extinction.

kudos to digg they stood firm with their constituents and re-
allowed posting of the hd code crack. 
http://digg.com/tech_news/Why_posting_the_HD_DVD_key_could_land_webs
ites_in_big_trouble

kudos to the millions world wide whom have realised the real 
dangers of DCMA and are fighting it.

I ask you guys and gals this...
The traffic of interest. What are its characteristics?
If it is someone trafficking illegal content to the world at large 
via encrypted p2p, then obviously that traffic will route and 
terminate via  a core facility at some point. I have toured 
Broadwing's photonic backbone facilities and there are tap points 
in place for diagnostic / maintenance / LEA access purposes. That 
said, it's a moot point to capture traffic off your network if it 
such that it will ride to any of the core routers.

So the focus of the traffic request must be of a more local nature 
in order for there to be a need to involve you as a network 
operator. Well, if the LEA has established that 'suspect x' (yes 
suspect, not guilty till proven guilty remember?) is gaining 
connectivity via your network, they have either determined this via 
financial or data capture investigatory methodology. If their 
concern is to tap the packets of said suspect, why not deploy a 
team with wireless intercept?

It is not outside of their technical capacity, after all, America 
is the master if sigint/comint. It would NOT be very expensive in 
equipment nor training to present each LEA with this capacity. Then 
they could go intercept and sift the materials themselves.

The forces at play are much more sinister I think. By placing the 
onus upon us as business owners, they are shirking both their 
financial and civil liabilities. 

Rest assured that the current posture of applying calea to our 
networks is really pretty much bunk. The very need for the  tap to 
be local to my network means that they are interested in traffic 
which is both originating and terminating on my network. As such, I 
say  that if they want the data, go park a van and intercept the 
frames, and do what you need to, but do so with your finances 
paying for it and put the legal burden and liability of such 
activity where it belongs... with the  LEA themselves.

For instance, in my area there are 5 wifi network operators. Rather 
than   each of us operators going to the expense, why net let the 2 
or 3 local LEAs purchase and train personnel to handle the 
intercept? Why create a regulatory burden / liability upon myself 
as a small operator?   

The LEAs should be responsible for carrying out their 
investigations and dealing with the determination of what 
information is applicable to warrant, not me.

Operating as a CLEC we actually have a regulatory affairs 
department which handles reviewing subpoena, making determination 
of application, and then (after information specifics are approved) 
it is handed off to tech department for CDR collection, and/or tap 
activation and portal access activation.

Its really sad to see people bashed for standing up for their 
rights. I am especially proud of our veterans whom have undertaken 
the ultimate responsibility of maintaining these rights.

Civil disobedience is completely appropriate with regard to this.

carry on, be proud, be free!
XXX 
 

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