If the Federal Communications Commission has its way, colleges and universities across the nation are about to be hit with a disastrously unfunded mandate. Recently, the FCC issued an order (based on a 1994 law) requiring most universities, online communications companies, libraries and cities to vastly upgrade their networks to allow for easy wiretapping by the FBI. According to The New York Times, some experts are arguing that the technological overhaul needed to comply would cost upwards of $7 billion. This is clearly a case of plugging a hole with a sledgehammer, and the FCC needs to refine its policy to an acceptable cost—or come up with $7 billion.
Simplified, the issue revolves around making wire taps readily employable through a central system, rather than the ad hoc procedure currently in place. No one contests the FBI’s authority to implement the taps—they are required to get a court order to do so—but the impetus behind the FCC’s move is befuddling. For one thing, wiretapping of Internet communications is extremely unusual. The Center for Democracy and Technology reports that in 2003, a mere 12 of the 1,442 state and federal wiretap orders covered online activity. Furthermore, it’s not even clear that the FBI is clamoring for this change—the request came from the U.S. Department of Justice.
Given the lack of need, asking universities and other organizations to foot the cost of a massive bill surpasses unreasonable. The Times cites Terry W. Hartle, a senior vice president of the American Council on Education (which is preparing a lawsuit against the FCC), as suggesting that annual tuition rates at some colleges and universities could go up as much as $450 as a result of the order.
The University is taking a cautious approach to date, with University Director of Communications and Systems Jim Jokl telling The Cavalier Daily, “It’s not clear exactly what will be required anywhere because the standards are still being developed.” This tentativeness is proper, especially considering the situation’s uncertain legal ground, but the University should be prepared to join the chorus of voices opposed to the mandate if the time proves right. Individuals, however, should feel free to express their displeasure to the FCC, as hopefully public pressure will help the Commission understand the folly of their move…
It is important to reiterate that the question is not whether schools have the technical capacity for communications wiretaps (most do) but rather whether they should be required to have a centralized, state of the art system. If the FBI came to the University tomorrow with a warrant for a wiretap, it is likely that the University would be able to comply in short order. Thus, asking that universities be able to initiate a wiretap essentially at the flip of a switch borders on silly—but becomes quite troublesome when one realizes schools currently have 18 months to comply with the law, no matter the cost.
To save colleges and universities the wasted expense of billions, the FCC must revisit and revamp its wiretapping decision. The order is an unfunded mandate of the worst kind: the kind that has no legitimate purpose.
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