The fact that the provision might be near-impossible to investigate or prosecute, or that the cost would be prohibitive, doesn't seem to weigh in. CALEA is a case in point (http://www.askcalea.net/). The DoJ is currently waiting for the courts to rule on some portion of the FCC's ability to make this kind of rule, before laying down the criteria that will cost US taxpayers some $17 billion just so Jimmy and Judy can be monitored by the feds while at college.

This is just one more nail in the coffin of free speech and self expression.