[liberationtech] Skype Open Letter: CALL FOR SIGNATORIES

[Christopher Soghoian]

I think your section on law enforcement stuff could still use some work.

I really think you should get rid of some of the text in the references.
Specifically, delete this text: "As a result of the service being acquired
by Microsoft in 2011, it may now be required to comply with CALEA due to
the company being headquartered in Redmond, Washington. Furthermore, as a
US-based communication provider, Skype would therefore be required to
comply with the secretive practice of National Security Letters.[3]"

IMHO, it isn't the HQ in Redmond that raises CALEA questions, but rather,
the interconnection to the US telecommunications network. If Skype has to
be CALEA complaint, those requirements kicked in long before Microsoft
owned them,

Thus, Instead of:

Skype’s current interpretation of the applicability of the Communications
Assistance for Law Enforcement Act (CALEA), National Security Letters
(NSLs), and other "lawful intercept" policies to its users’ communications
in the countries in which Skype is used.


What about instead:

Skype's interpretation of its responsibilities under the Communications
Assistance for Law Enforcement Act (CALEA) [1], its policies related to the
disclosure of call metadata in response to subpoenas and National Security
Letters (NSLs) [FN2], and more generally, the policies followed when Skype
receives and responds to requests for user data from law enforcement and
intelligence agencies in the United States and elsewhere.


[FN1] In May 2006, the FCC issued a Second Report and Order that required
facilities-based broadband Internet access providers and providers of
interconnected Voice over Internet Protocol (VoIP) service to come into
compliance with CALEA obligations no later than May 14, 2007. See:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-56A1.pdf

[FN2] Existing US law surveillance law is unclear regarding the specific
form of legal process required for law enforcement agencies to compel the
production of metadata associated with Internet based text messaging
services. See
http://www.aclu.org/blog/national-security-technology-and-liberty/us-surveillance-law-may-poorly-protect-new-text
.

----




On Fri, Jan 18, 2013 at 11:26 AM, Nadim Kobeissi <nadim at nadim.cc> wrote:

>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.stanford.edu/pipermail/liberationtech/attachments/20130118/8225a5ee/attachment.html>