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

Jennifer White Launches Official Site, Debuts 1st Release

Reigning XMAs Female Performer of the Year Jennifer White has launched her new website, JenniferWhite.com, and announced the first feature-length showcase from her new production company.

Adult Game Fest Announces Nominees for Inaugural Awards Show

Organizers for the inaugural Adult Game Fest convention and trade show have announced the nominees for the event's awards ceremony, taking place Saturday, Sept. 26, at 5 p.m. (PDT).

Byborg Enterprises Joins Pineapple Support as Sponsor

Byborg Enterprises has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

XBIZ 2027 Hotel Room Booking Now Open

Hotel booking is now open for XBIZ 2027, giving attendees the opportunity to secure their stay at the host venue, JW Marriott L.A. Live.

FSC Case Against Tennessee AV Law Can Go Forward, Court Rules

A U.S. district court on Tuesday denied the Tennessee attorney general’s motion to dismiss a Free Speech Coalition lawsuit challenging the Protect Tennessee Minors Act.

AEBN Publishes Popular Searches for July, August

AEBN has published the top search terms for July and August from its straight and gay theaters in all 50 states and the District of Columbia.

2027 XMA 'Fan Favorite' Pre-Nominations Period Now Open

XMA event organizers have announced that the pre-nomination period for Fan Favorite categories for the January 2027 ceremony is now open.

California Legislature Passes Stricter UGC Rules for Adult Sites

A bill to impose tighter compliance standards for user-generated content (UGC) on adult websites has been approved by the California state legislature and now awaits the governor’s signature.

CollabGPS Rolls Out 'Verification Badge' Update

CollabGPS has launched a badge system for user verification.

X3 Amsterdam Imports Hollywood Glitz With Continental Style

A throng of fans from across Europe and around the globe descended on the Passenger Terminal building on Friday, eager to meet their favorite adult stars at the inaugural X3 Amsterdam fan expo.

Show More