Monday, May 7, 2012
The FBI is asking Internet companies not to oppose a controversial proposal that would require firms, including Microsoft, Facebook, Yahoo, and Google, to build in backdoors for government surveillance.
In meetings with industry representatives, the White House, and U.S. senators, senior FBI officials argue the dramatic shift in communication from the telephone system to the Internet has made it far more difficult for agents to wiretap Americans suspected of illegal activities, CNET has learned.
The FBI general counsel’s office has drafted a proposed law that the bureau claims is the best solution: requiring that social-networking Web sites and providers of VoIP, instant messaging, and Web e-mail alter their code to ensure their products are wiretap-friendly.
“If you create a service, product, or app that allows a user to communicate, you get the privilege of adding that extra coding,” an industry representative who has reviewed the FBI’s draft legislation told CNET. The requirements apply only if a threshold of a certain number of users is exceeded, according to a second industry representative briefed on it.
The FBI’s proposal would amend a 1994 law, called the Communications Assistance for Law Enforcement Act, or CALEA, that currently applies only to telecommunications providers, not Web companies. The Federal Communications Commission extended CALEA in 2004 to apply to broadband networks.
FBI Director Robert Mueller is not asking companies to support the bureau’s CALEA expansion, but instead is “asking what can go in it to minimize impacts,” one participant in the discussions says. That included a scheduled trip this month to the West Coast — which was subsequently postponed — to meet with Internet companies’ CEOs and top lawyers.
A further expansion of CALEA is unlikely to be applauded by tech companies, their customers, or privacy groups. Apple (which distributes iChat and FaceTime) is currently lobbying on the topic, according to disclosure documents filed with Congress two weeks ago. Microsoft (which owns Skype and Hotmail) says its lobbyists are following the topic because it’s “an area of ongoing interest to us.” Google, Yahoo, and Facebook declined to comment.
In February 2011, CNET was the first to report that then-FBI general counsel Valerie Caproni was planning to warn Congress of what the bureau calls its “Going Dark” problem, meaning that its surveillance capabilities may diminish as technology advances. Caproni singled out “Web-based e-mail, social-networking sites, and peer-to-peer communications” as problems that have left the FBI “increasingly unable” to conduct the same kind of wiretapping it could in the past.
In addition to the FBI’s legislative proposal, there are indications that the Federal Communications Commission is considering reinterpreting CALEA to demand that products that allow video or voice chat over the Internet — from Skype to Google Hangouts to Xbox Live — include surveillance backdoors to help the FBI with its “Going Dark” program. CALEA applies to technologies that are a “substantial replacement” for the telephone system.
Full article: http://news.cnet.com … ready-web-sites-now/