Circuit Court of Appeals Approves Wiretapping of ‘Net

WASHINGTON — The U.S. Court of Appeals ruled on Friday that the Federal Communications Commission has the power to make broadband provider networks more “wiretap friendly” for law enforcement purposes.

In its majority 2-1 ruling, the Circuit Court for the District of Columbia ruled that broadband Internet service providers are subject to the Communications Assistance for Law Enforcement Act (CALEA), which provides law enforcement with easy access to broadband network records and data. CALEA was passed in 1997.

With regular telephone lines being easy to intercept, previous laws were satisfactory in allowing law enforcement wiretapping access. With the burgeoning use of high-speed Internet, encryption technologies and VoIP, the government claims it needed updated regulations to intercept data from these new technologies.

Under the law, broadband ISPs are classified as “telecommunications carriers,” which are subject to CALEA, so they “must ensure that law enforcement officers are able to intercept communications transmitted over the providers’ networks,” the ruling states.

The crux of the argument is centered on how broadband providers are defined under the law. The court’s ruling states that broadband providers are “telecommunications carriers,” while the plaintiff, the American Council on Education, sought to classify them as an “information service” that are exempt from the law. CALEA’s provisions do not apply to an “information service.”

“CALEA does not give the FCC unlimited authority to regulate every telecommunications service that might conceivably be used to assist law enforcement,” dissenting Judge Harry Edwards wrote. “Quite the contrary. It expressly states that the statute’s assistance capability requirements ‘do not apply to information services.’”

If the ruling stands, ISPs will have to add new surveillance hardware to their networks and law enforcement will have unfettered access to email and web activity for any user they target.

Edwards went on to write that, “There is absolutely no permissible basis for this court to sustain the FCC’s convoluted attempt to infer broad new powers under CALEA. The agency has simply abandoned the well-understood meaning of ‘information services’ without offering any coherent alternative interpretation in its place.”

In 2004, the U.S. Department of Justice filed a petition for the court to determine how CALEA applies to new technology, specifically broadband ISPs, because these companies had not implemented “CALEA-compliant intercept capabilities,” Judge David Sentelle wrote for the majority. The FCC concluded that broadband ISPs are hybrid services.

“The FCC concluded that a telecommunications carrier should not escape reach altogether simply because the carrier’s service offering has an ‘informational’ component,” David Sentelle wrote. “Thus, the FCC concluded that CALEA’s definitional sections are not mutually exclusive.”

Edwards disagreed with his colleague’s definition.

“The net result [of the ruling] is that the FCC has altogether gutted the ‘information services’ exemption from CALEA,” he wrote. “Only Congress can modify the statute in this way.”

The case is expected to reach the U.S. Supreme Court, according to experts.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Flirt4Free Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of Flirt4Free in a case against a copycat website using an infringing domain.

Irish PM Affirms Plan for UK-Style Ban on 'Extreme' Content

Ireland’s prime minister on Wednesday confirmed that his government is moving ahead with plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, which he hopes to see passed by early 2027.

UK Parliamentary Group Calls for Outlawing Cam Platforms

The U.K. Parliament’s All-Party Parliamentary Group (APPG) on Commercial Sexual Exploitation has published a report in which it calls for banning adult livestreaming platforms.

Ofcom Escalates Sun Social, Superb Convert Investigations

U.K. media regulator Ofcom has ramped up its ongoing Online Safety Act (OSA) compliance investigations into PlayVids/PeekVids operator Sun Social Media and PimpBunny operator Superb Convert.

Centrobill Rolls Out Apple Pay, Google Pay Options

Centrobill has added Apple Pay and Google Pay options for merchants.

Judge Preliminarily Approves Pornhub Class Action Settlement

A U.S. District Court judge on Monday granted preliminary approval to a settlement between Aylo and the plaintiffs in two class-action lawsuits over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Roald Riepen Steps Down as CEO of IMC

Roald Riepen, CEO of International Media Company (IMC), is stepping down.

Ofcom Sets Timeline for Enforcing 'Extreme' Content Rules

Before U.K. media regulator Ofcom begins enforcing new laws criminalizing certain “extreme” adult content online, it will first hold a consultation in early 2027, and then provide updated guidance for sites and platforms.

FSC Publishes Guidance on New UK Pornography Laws

The Free Speech Coalition (FSC) has published information for its members on the United Kingdom's recently passed pornography laws, which take effect next week.

Brazil Issues Guide to Digital Safety Compliance

Brazil’s National Data Protection Agency (ANPD) published on Wednesday a new guide outlining online providers’ child-protection responsibilities under the Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Show More