US 'right to spy' on cyberspace gets approval

US broadband providers and internet phone services must comply with wiretapping requirements designed for the traditional phone network, the Federal Communications Commission said in a preliminary decision yesterday.

The FCC decision is a major step toward regulations designed to help police and spy agencies eavesdrop on all forms of high-speed internet access, including cable modems, wireless, satellite and broadband over power lines.

FCC Chairman Michael Powell said: "Above all, law enforcement access to IP-enabled communications is essential."

The 5-0 vote in favour of the rule comes five months after the FBI, the Drug Enforcement Administration and the Justice Department formally asked for guaranteed wiretapping access to broadband networks. If the FCC had done nothing, wiretaps would be possible but could be more difficult and time-consuming for police to carry out.

The political tussle over wiretapping is one facet of a broader struggle over internet regulation. VoIP providers have been fighting a defensive battle against state regulators and some Washington politicians who are eyeing the fledging technology as a potentially lucrative source of revenue. State governments have been attempting to gain authority over VoIP providers, and the US Senate could vote at any time on a bill to authorise many of those state taxes and regulations.

FCC Commissioner Kathleen Abernathy during the meeting said there is "no higher priority than promoting national security".

"All of us are in favour of doing all we can to assist law enforcement," she added.

The FCC's five commissioners agreed that 1994 Communications Assistance for Law Enforcement Act, or CALEA, clearly covers broadband and "managed" VoIP services.

The FCC decision would require prominent providers of broadband telephone services to comply with the 1994 law. Executives from these companies have said in the past that they all intend to comply with any request law enforcement makes, if technically possible.

Declan McCullagh writes for News.com