The Justice Department successfully convinced the FCC to expand CALEA to ISPs by having the FCC treat ISPs as common carriers. (CALEA is a long story, but basically the internet freedom fighters agreed to not oppose CALEA so long as the internet was left alone. That backfired and the EFF hightailed it out of DC to SF.)

The choice is odd because the FCC deregulated the internet to make ISPs "information services" not "common carriers". So there is precedent for expansion that makes no logical sense.