I love DailyKos. I love the intelligent discussion, the witty retorts - I even enjoy a good troll fight now and again. I am one of those cynical pessimists that do a lot of hit-and-run posting filled with dripping sarcasm and snark. I am outraged over almost every thing that the Criminal Enterprise that is BushCo does. However, every so often, there is a diary that makes the recommended link based on little fact and on a lot of emotion. Most of the time, it is debunked by somebody and it quickly fades. I am here to be the `debunker'.
There is a recommended diary that can be found here. The diary deals with the FCC ruling that data transport companies have to be compliant with CALEA rulings involving wire-tapping and that they have to pay for the implementation of the wire-tapping. Follow me after the link and see why this isn't the paranoid end of the world `Government on Crack' that the diary makes this out to be...
The linked article found
here basically states that government in general and the FCC in particular want to bring data communications under the same tapping guidelines as traditional voice communications are today. The vehicle for this is CALEA or The Commission on Accreditation for Law Enforcement Agencies, Inc.
linky Basically, CALEA is a body which certifies that a network can be tapped by a law enforcement agency. It has representation in the US, Mexico and Canada.
CALEA is the body that sets the standards, but the use of CALEA wire-tapping standard is by an Official Law Enforcement agency via a warrant.
The linked article does not mention the usage of warrant in order to execute a tape for electronic data, but it does mention bringing these networks into CALEA compliance. It is my understanding that surveillance under CALEA requires a warrant. It should be noted that even though the tap exists, the standard states that it is turned off on and on via a request from the law enforcement agency. It doesn't just automatically send all data to a clearing house. Also, the institution is not under obligation to keep all traffic and then release upon request. There is also the means under which the information is gathered. The institution does not want to mix the information gathered with normal data collection that it may do.
So, will the new proposed standards make it easier for an Administration that is a Criminal Enterprise to circumvent the Fourth Amendment to the Constitution and gather information on individuals without a warrant? Maybe. That depends on if the companies release the information without a warrant or not. But does that make this a bad law? No.
Believe me - communication's companies do not want to implement this because it is a lot expense and head-ache without any addition to the bottom line. In fact, it would probably be more scary if the government commissioned a lot of money to get this done. Because they are putting the burden entirely on the institution, there will be a lot of push-back by the communications companies before this finally gets implemented.
So, the bottom line is that he diary in question is engaging in a lot of hyperbole that is not entirely fact based. CALEA is not a scary thing - it is just a standard for wire-tapping, which includes warrants. I think most of this on this blog would be in favor of wire-tapping IF THERE IS A WARRANT. The rest is just haggling about who is going to pay for it, which is interesting, but probably not recommended diary material IMHO. I don't see this proposal as a way of removing those safeguards. Just though y'all would want to know...