There are a number of collateral consequences to the FCC's order, said Perkins Coie's Gidari, counsel to education, library and other associations that opposed the FCC's decision.
"I don't think the commission had a clue that what they were saying affected other facilities-based providers," he said.
"A lot of companies and organizations make broadband available to their work force, students, faculties, researchers and others. That's why Congress holds hearings, to determine impact. The commission put out an order only carriers would pay attention to," Gidari said.
"The notion a librarian would have to do a wiretap and is subject to felony penalties if she discloses it, is amazing," he said.
"That's what CALEA requires -- you have to have a security office, security procedures. In truth, that won't happen because the library will be closed because it has no budget for this. That's why this issue is important."
Applying CALEA to the Internet is in many ways like a combo 215/Broadcast Flag -- in short, it's a technology mandate to make it easier for the government (and others) to spy on people. The kicker is that it's the customers/patrons/surveillance subjects themselves who will pay for it.