I could see an argument for CALEA applying to VoIP under the wording of the statute (though I agree with Edwards' dissent). I don't see one for applying it to broadband--and the statute clearly exempts web and email traffic as part of its definition of "information services." I don't see broadband data taps as the solution to online criminal activity--there aren't enough law enforcement resources to deal with the information they already have. The best way to reduce criminal activity on the net is to create the right incentives to get all the compromised consumer machines patched and secured, since they are the primary medium for proxying criminal activity on the net (via botnets). That would stop the majority of spam, phishing, and adware/spyware/click fraud, which would cut off a large portion of the money supply to the miscreant economy. This isn't the first time the FCC has engaged in rule-making without statutory authority--they modified the rules prohibiting telemarketing to residences via prerecorded messages (47 CFR 64.1200) allow for an established business relationship exemption ( (a)(2)(iv) ), even though the Telephone Consumer Protection Act provides for no such exemption (47 USC 227(b)(2)(B)--note the "and" between (b)(2)(B)(ii)(I) and (II)). "[w]here Congress explicitly enumerates certain exceptions to a general prohibition, additional exceptions are not to be implied, in the absence of contrary legislative intent." Andrus v. Glover Constr. Co., 446 U.S. 608, 616-17, 100 S.Ct. 1905, 1910, 64 L.Ed.2d 548 (1980)