RE: [Raven] Comments on Draft -- Take 2

>-----Original Message-----
>From: Lyal Collins [mailto:lyalc@ozemail.com.au]
>Sent: Friday, February 04, 2000 8:56 PM
>To: Chris Savage; IETF Wiretapping List (E-mail)
>Subject: RE: [Raven] Comments on Draft -- Take 2
>
>
>I'm not entirely comfortable with the summary position, which focusses
>heavily on national laws.
>While national laws have one level of impact on wiretapping, the global
>nature of the Internet means it is no more costly (and probably more
>convenient) for a LE agency in one jurisdiction to monitor 
>communications in
>an external jurisdiction.
>
>As one example, this may free LE from the burden of having to 
>comply with
>local jurisdiction approval/warrant processes by tapping 
>communications with
>"out-of-jurisdiction" entities, who may or may not be invovled in
>inappropriate activities.
>
>Think "LAPD-style wiretapping" in every state/country, not 
>just a single
>city.
>
>Is the resulting assumption, that IETF does not see itself 
>having a global
>role in this matter, true?
>
>If so, is there an indication of how many countries will need to have a
>"common" requirement for tapping before IETF acts further in 
>this area (in
>either the pro- or anti- directions)?
>
>And, have we a definitive count of such countries?
>There are at least 4 I can think of (US, Holland, Australia 
>and China spring
>to mind).

IMHO this portion of the draft is pointing out that as matters stand today,
the divergence of national laws regarding wiretapping is one thing that
makes an IETF standard to facilitate tapping a bad or unworkable idea.  In a
totally hypothetical world in which (say) countries making up 95% of 'net
traffic and users had effectively identical wiretapping requirements,
divergence of national laws would not be as strong an argument against IETF
activity in this area.  It does not follow that the IETF, in such a
situation, either would or should create a standard.  It is just that in
such a situation the reasoning might have to be a bit different.  As someone
famous once said, "sufficient unto the day is the evil thereof..."

Chris S.
All views/opinions my own

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