DOJ seeks wiretap access for cell phone calls on planes

Computerworld - If cell phones and other handheld wireless devices are allowed to be used on aircraft by the Federal Communications Commission, the U.S. Department of Justice wants built-in terrorism-fighting capabilities to allow fast wiretaps and quick ways to disconnect conversations between terrorists.
In a 23-page brief (download PDF), four Justice Department officials submitted comments on the proposed rule changes to the FCC last week. The comments, which reflect concerns from the DOJ, the FBI and the U.S. Department of Homeland Security, come ahead of a hearing Thursday on the issue before the House Subcommittee on Aviation.
The rules change allowing cell phones to be used on airplanes was proposed by the FCC in December.
In the brief, the DOJ officials said they support efficient use of wireless services, but they want to be sure the government can monitor criminal and terrorist activities. DOJ officials also said that if cell phone use is permitted on airplanes, they want to make sure law enforcement authorities can quickly intercept suspected terrorist communications by cell phone or onboard Internet access.
"The Departments believe that the timely roll-out of new commercial airborne communications capabilities can be accomplished in a responsible manner ... which both encourages and rewards private sector investment and expedited development, while addressing the Departments' public safety and national security concerns," the brief said "The Departments support such an approach, which will benefit not just the flying public but will lend significant support to the vital mission of law enforcement onboard 'at risk' flights and, in that respect, can be viewed as a critical factor in enhancing the safety of those flights."
A 1994 law, the Communications Assistance for Law Enforcement Act, allows law enforcement officials to keep pace with changes in communications technology as they monitor illegal and terrorist activities, according to the DOJ. The agencies want to be sure that any changes in airborne cell phone use and Internet access comply with the act so law enforcement officials can maintain tapping and interception capabilities.

"They want to have the ability to shut off the system if need be," said Chris Brown, counsel for the House Aviation Subcommittee.
Even if the FCC agrees to allow cell phone use on airplanes sometime next year, he said, the Federal Aviation Administration has said it has no plans to lift its ban on their use. The FAA has, however, said that it will consider such technology issues on a case-by-case basis. If both agencies were to OK the proposed change, a final decision on whether to