[asterisk-biz] Experimental/new VoIP rate search engine.

[Alex Balashov]

Nitzan Kon wrote:
> --- On Sun, 1/4/09, Alex Balashov <abalashov at evaristesys.com> wrote:
> 
>> Would disabling LCR and forcing the route to one of the
>> carriers you normally use that will do the CALEA tapping for 
>> you be considered "tipping off" the customer being recorded?
> 
> I *seriously* doubt the makers of CALEA thought it this far.
> Hell, I'd be surprised if they even know or care what ReINVITE
> is.
> 
> In other words- this is a matter of personal interpretation of
> a law. Given that you as an ITSP are not the criminal/target
> but just a medium for catching them - I really see no reason
> for them to go after you if your interpretation of the law is
> that you just have to send "tapped" lines to a special media
> server for proxying. Expecting more than that is unreasonable
> anyway IMHO.

I agree with you completely on a philosophical level.  However, as Brett 
pointed out, this is government and a law conceived in 1994;  when it 
comes to technology policy and management, government couldn't manage 
its way out of a paper bag.

So, it seems that in the unlikely event that you are served, you are 
going to be held to their interpretation of what compliance means and 
what is "reasonable," not yours.

In my opinion, that doesn't mean you should proceed otherwise than what 
you say above.  It's just something to keep in mind when intuitively 
calculating exposure.  The government doesn't really give two shits what 
you think.

Of course, having realised that, one might come to the very reasonable 
conclusion that it doesn't really matter one way or another and is just 
a cost and/or risk of doing business.  It could turn out that your 
diligent and costly attempt to comply with the exact letter of 
applicable CALEA law and interpret all ambiguities ultra-conservatively 
may actually be wrong when you do get a CALEA request, in which case 
your noble and high-minded attempt at compliance (wait, wiretapping 
isn't noble) is a pointless waste of time and now you pay at least twice 
(the cost of compliance, and the cost of still not being in compliance, 
whatever the hell that means exactly in any given situation, especially 
one involving more bleeding-edge telephony).

-- Alex

-- 
Alex Balashov
Evariste Systems
Web    : http://www.evaristesys.com/
Tel    : (+1) (678) 954-0670
Direct : (+1) (678) 954-0671
Mobile : (+1) (678) 237-1775