[88280] in cryptography@c2.net mail archive
wiretaps and encryption
daemon@ATHENA.MIT.EDU (Steven M. Bellovin)
Sat May 12 09:18:40 2007
Date: Fri, 11 May 2007 16:15:55 -0400
From: "Steven M. Bellovin" <smb@cs.columbia.edu>
To: cryptography@metzdowd.com
Those who remember the Crypto Wars of the 1990s will recall all of the
claims about "we won't be able to wiretap because of encryption". In
that regard, this portion of the latest DoJ wiretap report is
interesting:
Public Law 106-197 amended 18 U.S.C. 2519(2)(b) to require that
reporting should reflect the number of wiretap applications
granted for which encryption was encountered and whether such
encryption prevented law enforcement officials from obtaining
the plain text of communications intercepted pursuant to the
court orders. In 2006, no instances were reported of encryption
encountered during any federal or state wiretap.
The situation may be different for national security wiretaps, but of
course that's where compliance with any US anti-crypto laws are least
likely. There was no mention of national security or terrorism-related
wiretaps in the report, possibly because they've all been done with
FISA warrants.
--Steve Bellovin, http://www.cs.columbia.edu/~smb
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