It's late and I'm about to go home, but my search through the text of the Digital Telephony legislation comes up with the attached definitions the law uses. If I were, say, Jason "The Weasel" Baron (who's my fave DoJ attorney) and I wanted to really screw over some netizens, I might try to argue that an ISP should be a "telecommunications carrier." If the FCC bought my argument and thought that an ISP could in some cases substantially replace telephone service, then DT would apply to ISPs. Then ISPs must -- at the request of "authorized" Feds acting even without a warrant -- cough up all data coming to and from a person on their system. I'm probably wrong here and I hope I am, so I'm copying this to Marc who can point out the holes in my reasoning. -Declan // declan@eff.org // I do not represent the EFF // declan@well.com // (4) The term `electronic messaging services' means software-based services that enable the sharing of data, images, sound, writing, or other information among computing devices controlled by the senders or recipients of the messages. (6) The term `information services'-- (A) means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications; and (B) includes-- (i) a service that permits a customer to retrieve stored information from, or file information for storage in, information storage facilities; (ii) electronic publishing; and (iii) electronic messaging services; but (8) The term `telecommunications carrier'-- [...] (ii) a person or entity engaged in providing wire or electronic communication switching or transmission service to the extent that the Commission finds that such service is a replacement for a substantial portion of the local telephone exchange service and that it is in the public interest to deem such a person or entity to be a telecommunications carrier for purposes of this title; but (C) does not include-- (i) persons or entities insofar as they are engaged in providing information services; and (ii) any class or category of telecommunications carriers that the Commission exempts by rule after consultation with the Attorney General. SEC. 103. ASSISTANCE CAPABILITY REQUIREMENTS. (a) Capability Requirements: Except as provided in subsections (b), (c), and (d) of this section and sections 108(a) and 109(b) and (d), a telecommunications carrier shall ensure that its equipment, facilities, or services that provide a customer or subscriber with the ability to originate, terminate, or direct communications are capable of-- (1) expeditiously isolating and enabling the government, pursuant to a court order or other lawful authorization, to intercept, to the exclusion of any other communications, all wire and electronic communications carried by the carrier within a service area to or from equipment, facilities, or services of a subscriber of such carrier concurrently with their transmission to or from the subscriber's equipment, facility, or service, or at such later time as may be acceptable to the government;