Once again, we find ourselves on the opposite side of the CALEA issues. It seems plain that Congress very much constructed CALEA to be an extensible set of provisions and mechanisms to evolve the network forensic capabilities needed by law enforcement. The FCC has consistently taken this view as have the Courts - as underscored by the D.C. Circuit's opinion today. The Commission's (and the court's) decision to interpret terminology differently in different statutory contexts, is also the right outcome - in law and in public policy. As discussed at some length in the oral argument before the court, the purposes and needs of law enforcement (CALEA) are very different from those of economic regulation (Communications Act). Indeed, the recent enactment of the VAWA Anti-Cyberstalking provision by Congress - that explicitly denominates Internet software applications as telecommunication devices - underscores both the distinction and the need. I fail to see the basis for opposing what seem like profoundly important need for trusted network forensics associated with the large and exponentially growing criminal activity and attacks on our public communication infrastructures - a need that has been recognized and instantiated worldwide. --tony