Constitutional Right Generally speaking, net neutrality is the notion that all content, applications, and services should be treated the same by Internet service providers (ISPs). Net-neutrality proponents fear that network operators might someday discriminate against certain types of information by charging fees to particular content providers in exchange for guarantees of higher-quality service or by blocking some content completely. Such a proposal may sound innocuous enough, but the problem is that the proliferation of things like streaming video and online gaming are taking up increasingly large amounts of bandwidth and are sensitive to delay. This Internet congestion can lead to the degradation of service for all Internet users. Slight delays may hardly be noticeable in e-mail or web-browser applications, but can be more serious for video-content providers or Voice over Internet Protocol (VoIP), which allows people to make phone calls over the Internet. (Summers, A. 2008) Communications Assistance for Law Enforcement Act Wiretaps have been used since the invention of the telegraph and have been a legal element of the US law enforcement arsenal for more than a quarter century. In keeping with law enforcements efforts to keep laws current with changing technologies, in 1994 the US Congress passed the Communications Assistance for Law Enforcement Act (CALEA). The law proved to be controversial because it mandated that digitally switched telephone networks must be built wiretap enabled, with the US Department of Justice in charge of determining the appropriate technology standards. The law provided specic exclusion for information services. Despite that explicit exemption, in response to a request from the US Federal Bureau of Investigation (FBI), in August 2005, the Federal Communications Commission (FCC) ruled that broadband voice over IP (VoIP) must comply with CALEA. Civil liberties groups and the industry immediately objected, fearing the rulings impact on privacy and innovation. There is another
community that should be very concerned. Applying CALEA to VoIP
requires embedding surveillance technology deeply into the protocol stack. The FCC ruling undermines network security and, because the Internet and private networks using Internet protocols support critical as well as noncritical infrastructure, national security as well. The FCC ruling is a step backward in securing the Internet, a national and international priority. (Landau, S. 2005) Preservation of Evidence regarding VoIP The Voice over Internet Protocol (VoIP) is designed for voice communications over IP networks. To use a VoIP service, an individual only needs a user name for identification. In comparison, the public switched telephone network requires detailed information from a user before creating an account. The limited identity information requirement makes VoIP calls appealing to criminals. In addition, due to VoIP call encryption, conventional eavesdropping and wiretapping methods are ineffective. (Irwin, D. & Slay, J. 2011) References Irwin, D. & Slay, J., (2011). Extracting Evidence Related to VoIP Calls. IFIP Advances in Information and Communication Technology. 361 (e.g. 2), pp.221-228 Landau,S, (2005). CALEA and Network Security. IEEE SECURITY & PRIVACY. e.g. 32 (e.g. 2), pp.26-27 Summers, A, (2008). Net Neutrality or Government Brutality?. The Freeman. 2 (e.g. 2), pp.3-11