Why not just roll over and let every communication be monitored all the time? - that's basically what these proponents of a 1984 reality are asking for. They want US law enforcement to be turned into a global spy network immune to encryption and capable of listening into any communication anytime anywhere on the planet.
What is it about these fear ridden control freaks that eludes them about the purpose of limited government or the concept of privacy serving that purpose? Information is power and the proponents of this policy to turn US law enforcement into a global spy network, immune to encryption and capable of listening into any communication anytime, anywhere on the planet is nothing short of a grab for absolute power. And we all know where absolute power leads.
U.S. Is Working to Ease Wiretaps on the Internet
by Charlie Savage
Federal law enforcement and national security officials are preparing to seek sweeping new regulations for the Internet, arguing that their ability to wiretap criminal and terrorism suspects is "going dark" as people increasingly communicate online instead of by telephone.
Essentially, officials want Congress to require all services that enable communications -- including encrypted e-mail transmitters like BlackBerry, social networking Web sites like Facebook and software that allows direct "peer to peer" messaging like Skype -- to be technically capable of complying if served with a wiretap order. The mandate would include being able to intercept and unscramble encrypted messages.
The bill, which the Obama administration plans to submit to lawmakers next year, raises fresh questions about how to balance security needs with protecting privacy and fostering innovation. And because security services around the world face the same problem, it could set an example that is copied globally.
James X. Dempsey, vice president of the Center for Democracy and Technology, an Internet policy group, said the proposal had "huge implications" and challenged "fundamental elements of the Internet revolution" -- including its decentralized design.
"They are really asking for the authority to redesign services that take advantage of the unique, and now pervasive, architecture of the Internet," he said. "They basically want to turn back the clock and make Internet services function the way that the telephone system used to function."
But law enforcement officials contend that imposing such a mandate is reasonable and necessary to prevent the erosion of their investigative powers.
"We're talking about lawfully authorized intercepts," said Valerie E. Caproni, general counsel for the Federal Bureau of Investigation. "We're not talking expanding authority. We're talking about preserving our ability to execute our existing authority in order to protect the public safety and national security."
Investigators have been concerned for years that changing communications technology could damage their ability to conduct surveillance. In recent months, officials from the F.B.I., the Justice Department, the National Security Agency, the White House and other agencies have been meeting to develop a proposed solution.
There is not yet agreement on important elements, like how to word statutory language defining who counts as a communications service provider, according to several officials familiar with the deliberations.
But they want it to apply broadly, including to companies that operate from servers abroad, like Research in Motion, the Canadian maker of BlackBerry devices. In recent months, that company has come into conflict with the governments of Dubai and India over their inability to conduct surveillance of messages sent via its encrypted service.
Providers that failed to comply would face fines or some other penalty. But the proposal is likely to direct companies to come up with their own way to meet the mandates. Writing any statute in "technologically neutral" terms would also help prevent it from becoming obsolete, officials said.
Even with such a law, some gaps could remain. It is not clear how it could compel compliance by overseas services that do no domestic business, or from a "freeware" application developed by volunteers.
In their battle with Research in Motion, countries like Dubai have sought leverage by threatening to block BlackBerry data from their networks. But Ms. Caproni said the F.B.I. did not support filtering the Internet in the United States.
Still, even a proposal that consists only of a legal mandate is likely to be controversial, said Michael A. Sussmann, a former Justice Department lawyer who advises communications providers.
"It would be an enormous change for newly covered companies," he said. "Implementation would be a huge technology and security headache, and the investigative burden and costs will shift to providers."
Several privacy and technology advocates argued that requiring interception capabilities would create holes that would inevitably be exploited by hackers.
Steven M. Bellovin, a Columbia University computer science professor, pointed to an episode in Greece: In 2005, it was discovered that hackers had taken advantage of a legally mandated wiretap function to spy on top officials' phones, including the prime minister's.
"I think it's a disaster waiting to happen," he said. "If they start building in all these back doors, they will be exploited."
Susan Landau, a Radcliffe Institute of Advanced Study fellow and former Sun Microsystems engineer, argued that the proposal would raise costly impediments to innovation by small startups.
"Every engineer who is developing the wiretap system is an engineer who is not building in greater security, more features, or getting the product out faster," she said.
Moreover, providers of services featuring user-to-user encryption are likely to object to watering it down. Similarly, in the late 1990s, encryption makers fought off a proposal to require them to include a back door enabling wiretapping, arguing it would cripple their products in the global market.
But law enforcement officials rejected such arguments. They said including an interception capability from the start was less likely to inadvertently create security holes than retrofitting it after receiving a wiretap order.
They also noted that critics predicted that the 1994 law would impede cellphone innovation, but that technology continued to improve. And their envisioned decryption mandate is modest, they contended, because service providers -- not the government -- would hold the key.
"No one should be promising their customers that they will thumb their nose at a U.S. court order," Ms. Caproni said. "They can promise strong encryption. They just need to figure out how they can provide us plain text."
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