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[liberationtech] Skype Open Letter: CALL FOR SIGNATORIES

Nadim Kobeissi nadim at nadim.cc
Fri Jan 18 11:49:21 PST 2013


Chris,
Your suggestions and references have been implemented. Thank you!


NK


On Fri, Jan 18, 2013 at 1:57 PM, Christopher Soghoian <chris at soghoian.net>wrote:

> 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:
>
>>
>>
> --
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