CYBER JAG
Cyber JAG provides focused information technology (IT) legal support to AFCYBER (P) agencies, Air Staff, major command and base clients, and is the Air Force's first stop for assistance and guidance addressing complex, cutting-edge IT issues. Legal professionals working for the Air Force Communications Agency provides advice, proposes legislative and regulatory initiatives, and assists in the development of IT policy enablers which ensure Air Force superiority in network operations. Send in your question or to be added to the subscription, e-mail: AFCA-JA@scott.af.mil or call CMCL: (618) 229-6060 or DSN: 779-6060.
VoIP and TAXES
Q: Will VoIP be taxed like traditional phones?
A: Maybe not. The FCC requires interconnected VoIP providers to comply with the Communications Assistance for Law Enforcement Act of 1994 and to contribute to the Universal Service Fund, which supports communications services in high-cost areas and for income-eligible telephone subscribers. The state of Nebraska sought contributions into the Universal Service Fund from VoIP providers within the state. Some VoIP providers paid, but Vonage balked and filed a lawsuit instead. Vonage claimed their VoIP was a data service, not a telephone service. The U.S. District Court in Lincoln, Nebraska, agreed with Vonage! Will the state appeal this federal ruling? Will providers who paid into the state fund seek a refund for the VoIP fees already paid? Will this have a domino effect upon other states, other courts, and other VoIP providers? What will be the fate of the Universal Service Fund? Will this make VoIP more economical for enterprise-wide installations (either goverment or commercial)? Only time will tell.
BASE HOUSING COMM FOR COMMANDERS
Q: What's the funding of Commander's Communications Support in housing status?
A: As you know from previous articles, funding for communications support in housing has been restricted to Military Family Housing monies and a $40,000 cap. After an eight-year effort spearheaded by our office, the final restrictions on the source and dollar limit have been lifted!
A new policy letter has now been been signed, so the lifiting of this limitation to funds and dollar amount, should make it much easier to plan and will allow you to better meet your client's expectations when providing communications support to the housing areas. The policy letter even reaches privatized housing, noting that if the government is required to provide the comm. support, it is not restricted to MFH and the dollar limit.
Many offices and organizations assisted with this effort and their help is gratefully acknowledged. We applaud The Civil Engineer for helping make this become a reality and we know it will make your lives easier out in the field.
If you have any legal questions about this issue feel free to contact AFCA/JA at DSN 779-6060 or commercial (618) 229-6060.
NEW CYBER LAWS?
Q: Do we need new domestic laws to improve our ability to fight in cyberspace?
A: This is a complex issue, but bottom line is that we won't need new laws to be able to fly and fight in cyberspace. Article II of the Constitution provides broad authority for the President as the Commander in Chief of the Armed Forces to use military power to protect the nation. This authority is exercised in compliance with Title 10 of the United States Code by which Congress defines many, but not all, aspects of how the military is organized and does business. In this context new legislation focused on military operations tends to attempt to limit rather than broaden the President's authority. The United States military tightly controls the use of force through regulations which establish where authority rests and who can engage in particular operations or activities. The rules are further refined by Standing Rules of Engagement and, for a particular operations, by very specific planning and execution orders which contain multiple levels of hierarchic Rules of Engagement. ROEs ensure compliance with the Law of Armed Conflict, domestic law and national policy. ROEs guide both offensive and defensive operations or actions and are flexible and adaptive by design. Competing policy concerns, institutional interests, legal requirements, collateral consequences and practical limitations constantly drive this process to refine how we fight. Given the fluid nature of cyber capabilities and our ever-evolving military missions, control of cyber assets is best left to evolving ROEs rather than the far less responsive process of congressional legislation. For full story see: Cyber Warfare: A Question of Law or Policy?
New DoD banner log-in and user agreement:
In February we talked about a possible change to the DoD banner and the expectation of privacy. At that time, we asked everyone to hold the line until something actually changed. Well, it has. On Nov. 2, the Chief Information Officer for the Department of Defense published the new Banner and User Consent Form. From the letter, the following quote makes things pretty clear: "The thrust of this new policy is to make it clear that there is no expectation of privacy when using DoD information systems . . ." The new policy is effective immediately and is to be implemented within 40 days.
*As of 12 Dec 08 this policy has been put on temporary hold.
ARCHIVED ISSUES:
These are archives from the JAG in the Box Column previously published in AFCA's Intercom magazine and provided by Fritz Mihelcic, AFCA deptuy chief counsel.
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