Mike,
Somehow, after speaking with 5 of the Mediation companies, including the
only one to date that has actually done monitoring with the FBI, I don't
think $200 will be a solution.
The problem is that most people get their (dis)information from lists
from people like me, Matt, and Marlon - all third hand (in court they
call this hearsay). Yet no one wants to speak with a lawyer about
this... it surprises me. Then I remember that this is the ISP industry,
known for burying its head in the sand and using the H.O.P.E. strategy.
Mike, I tried to check the references for the people who wrote the FAQ.
Uh. You guys have no more experience than Matt or me or Marlon.
I have spoken with the DOJ and the FCC. You say they give "Guidance". I
say that they will vaguely answer your questions and tell you to re-read
the CALEA Order and CFR.
The problem is not the data capture for broadband. That is the Easy
part. It is the chain of evidence piece.
The securing the data. The transparency to the perp and your staff. The
transferring the data cleanly to the LEA.
File your compliance plan, because that is where they will get you.
Then if ever given a court order, follow the plan to the letter.
Even the TTP only does so much. And is not liable. This isn't one of
those issues you can scan and worry about later, unless you have worked
with LEA (like Matt) or have 100% business clients. Because let's face
it, most subpoenas are going to be for someone's home. It would be a
rare instance when someone would be sitting at the office downloading
child porn or planning a crime.
Is there FUD? Sure. Why? Mainly because no one wants to take the time to
do their own Due Diligence or talk to an Authority. They want the Cliff
Notes from the list. No such thing in this case.
Are there WISP's for sale? Oh yeah. Before the CALEA thing. But a couple
I have spoken with want out now more than before. So is it a good time
to buy? Sure. Is Matt a vulture? He comes off a little brusque, but if
people want to execute an exit strategy, he is offering a path.
Hey. Who's to say that your $200 CALEA plan won't result in millions in
fines? Can you guarantee that, Mike? I doubt it. Can Open CALEA with all
the resources of Merit Networks? Nope. Can any of the TTP's? Maybe
Verisign or Neustar.
So file your plan. It's due before Monday (5 copies).
Go to a meeting and talk with a CALEA expert or Attorney. Stop getting
legal advice from amateurs like us.
If there is enough interest, I can get Chris Savage's law firm to do
another Q&A tele-seminar or maybe Kris Twomey will do one.
Regards,
Peter @ RAD-INFO, Inc.
Michael Erskine wrote:
Matt;
This is going to be a bit rough but I feel the need to call a this as
I see it. You are running roughshod on a lot of people with your fear
mongering and it needs to be called into the open. So...
> >> In discussions with others it has come to my attention that several
> >> companies are looking to exit the business for various reasons not
> >> the least of which is CALEA. If you're serious about exploring an
> >> exit, contact me offlist. I am interested in a variety of options
> >> from taking a controlling interest to an outright cash buyout.
> >>
> >> I don't want to sound like a vulture, but ...
... but you most certainly do sound like a vulture ...
What makes you such an authority on CALEA, Matt? What qualifications
or experience with CALEA do you bring to the table that give credence
to the fear that you are mongering on this list? Purchasing
compliance does not constitute authoritative knowledge.
Most ISPs will be able to satisfy the CALEA requirements for less than
$200.00. Yep, that is what I said. When the WISPA Standard gets
blessed, and I did say when, there will be an open source
implementation. It will provide safe harbor and it will run on low
end hardware. Having had the personal experience of working with the
LEAs a number of times since about 1990 I feel perfectly comfortable
in expressing my dismay at the egregious misinformation and negative
speculation you have posted on this list. CALEA compliance is only
going to be a problem for those WISPs who refuse to do due diligence
in coming to compliance.
Honestly Matt, what you have demonstrated on this list is that you
have a talent for fear mongering and then exploiting the poor gullible
people who bought into that fear mongering.
Mind you that is only my opinion, but I am keeping it. I strongly
encourage anyone who is currently in fear of CALEA to just go reread
the FAQ. Read it critically, ensure that you have filed your
documents thru Kris to the FBI. Then relax. The FBI is working very
well with the committee. Progress is being made very quickly on a
tough problem. Just relax people. Don't make a stupid mistake based
upon pure horse hockey and spin which only serves to benefit those who
would exploit your fear. If you want to sell, don't let CALEA
compliance be any part of your decision.
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