University questions FCC’s new Internet regulations

Josh Hantz
Dan Daranciang

Washington University will not comply with new Federal Communications Commission regulations requiring more easily monitored Internet networks without a fight.

The FCC recently ordered hundreds of universities to overhaul their Internet-connected computer networks so the government can monitor online communications more easily.

Compliance requires buying Internet switches and routers that will cost universities a total of more than $7 billion, stated an Oct. 23 article in The New York Times. This estimate does not include the price of installation or hiring staff to maintain the technology. To compensate, schools may raise students’ tuition bills by an average of at least $450 per year.

The order is based on a 1994 law, the Communications Assistance for Law Enforcement Act (CALEA), which originally applied only to telephone carriers.

The FCC is extending this regulation in response to advancements in technology, as well as new forms of crime and terrorism.

Other institutions of higher education are fighting the costly legal change as well. The American Council on Education (ACE), the largest association of universities and colleges in the United States, is challenging the order before the Court of Appeals in Washington, D.C.

At this point, universities can only speculate on the outcome.

“There are many questions being asked that have yet to be answered,” said Jan Weller, assistant vice chancellor of network library technology. “Once answered, we can assess what needs to be done, identify costs, and develop an implementation plan.”

One such question is why these changes must be made in the first place. Traditionally, universities have given the government information only under subpoena, and many don’t see a reason to change that now.

“ACE’s challenge is based on other ways of delivering information,” Weller said. “We’ve always had the ability to provide audit trails. We don’t believe we have to go to this extent.”

Potential violations of privacy resulting from following the FCC’s regulations are another issue. If the order stands, the government will have real-time access to university communications including e-mail. What students, faculty and staff send could be seen instantly by government officials.

“We are very concerned about what CALEA compliance may mean to privacy as well as its potential to inhibit innovation and collaboration,” said Weller.

Some students feel that the order is justified if it could enhance security.

“The protection is worth the loss of privacy as long as the government doesn’t act upon the information without an obvious reason,” said freshman Dylan Mathieu.

If the order holds up after the court of appeals ruling, universities and other organizations the law applies to will have until spring 2007 to make the necessary changes.

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