VoIP Voice over Internet Protocol or “It is not Voice over IP; it is Everything over IP…” Bob Pepper, FCC.
Three Views of VoIP • VoIP is the “poster child” for the ongoing convergence of communication systems • VoIP is a key element in the “Perfect Storm” that is turning telecommunications on its head • VoIP is simply a better way to make a phone call…NBD
The Law of the Horse “Technological advances must continually be evaluated and their relation to legal rules determined so that antiquated rules are not misapplied in modern settings… Yet, if the substance of a transaction has not changed, new technology does not require a new legal rule merely because of its novelty.” Daniel v. Dow Jones & Co. (N.Y.C. Civ. Ct 1987) and Steve McDonald, ICPL 2004
Telecommunications Service: Provides basic voice service for a fee Highly regulated Behavior (anti-trust, consumer protection…) Revenue (USF, 911…) Information Service Provides enhanced communication service that involves data storage/processing i.e. Internet access, voice mail…. Unregulated Two Worlds
We haven’t regulated the Internet because we didn’t know how to…Senator Cantwell Prediction: VoIP is going to make them figure it out
Telecom or Information Service?The three flavors of VoIP • Computer to Computer: all Internet • Computer to Phone or Phone to Computer • Phone to Internet to Phone
Telecom or Information? • Computer to Computer: all Internet • Pulver Decision • Information Service – no regulation • Computer to Phone or Phone to Computer • Phone to Internet to Phone • AT&T Decision • Telecommunications Service – full regulation
What is it ? “VoIP breaks the mold. It is voice as a data service. Considered another way, the 1996 (Telecommunications) Act assumes that data applications operate on top of a regulated voice network. VoIP, by contrast, delivers voice on top of an Internet protocol data channel, which can run on anytype of digital network.” ….Kevin Werbach
If in doubt don’t regulate “First do no harm”…Chairman Powell
But, what if a lot of people switch to VoIP? Four major issues + one more • Law Enforcement Access (CALEA) • Emergency 911 Service (Public Safety) • Access for the disabled (Disabilities Act) • Support for the Universal Service Fund
One more problem with not regulating: Commercial network owners tend to be large, powerful and few in number… can they be trusted if left unregulated?
VoIP and the Law of the Horse • Should the existing telephone regulations apply to VoIP? • Should a new system be designed that maintains essential public services but is a better fit for the IP world? • Should we totally refrain from regulating VoIP?
CALEA Communications Assistance for Law Enforcement Act
A brief history of wiretapping 1960’s : Wiretapping was easy; one phone company; basic technology 1980’s: Deregulation means multiple carriers; cell phones; analog to digital transition begins 1994: CALEA passed with several compromises; specifically no Internet; no private networks 2004: VoIP: Wiretapping isn’t getting any easier…
Federal and State Wiretap Orders for 2003 • 1,442 • 12 for computer communications (all successful) • Taken from: the "2003 Wiretap Report", issued April 30, 2004, available at http://www.uscourts.gov/wiretap03/contents.html
Law Enforcement Criminals will increasingly use VoIP; it is a “substantial replacement” for phones Needs to be easier and less expensive for LE Applies to any system that connects to the public Internet ISPs must pay compliance costs All Others LE has sufficient access now Cost to comply can’t be justified Will slow innovation and broadband adoption Raises privacy questions Data: how do you separate out voice? Arguments
CALEA Predictions • It will pass with compromises • Industry standards will prevail (Cisco, Juniper) • Private networks will be exempt