CCIA Sees Problems With Expanding Federal Wiretapping Scope, Penalties
4/29/2013
A task force is reportedly working on legislation to require tech
companies to allow law enforcement to intercept online communications with
their customers, according to news reports. The proposal would expand existing
law by fining companies for the first time when they don’t comply.
The task force was responding to complaints from the FBI and
others that they have a “going dark” problem, meaning that it’s not technically
possible now to wiretap some forms of communications.
The Computer & Communications Industry Association is a
longtime opponent of excessive government surveillance, and has concerns about
this proposal if it were to be introduced.
The following statement can be attributed to CCIA President &
CEO Ed Black:
“Our companies understand the challenges faced by law enforcement
in investigating serious crimes. It’s important to also understand that law
enforcement today has access to a vast wealth of information about suspects
that their predecessors merely a decade ago could only have dreamed of. The
claims of ‘going dark’ must be evaluated in this context: massive amounts
of information are stored online and shared with law enforcement -- when they
have gone through the proper process. Law enforcement in our country does not
have a ‘going dark’ problem. By all accounts they have more information available
to them than ever before – more than they know what to do with.
“While it is in the nature of any government to seek an ever
increasing ability to monitor our customers communications, history is replete
with examples of excess and abuse. Proposals to grant government the
power they seek to compel private companies to help their customers be spied
upon must be carefully scrutinized and limited. "
"Even if there was a legitimate issue of law enforcement
access to information, the new proposals floated today are the wrong approach.
Mandating law enforcement access to a system does not magically make it so.
Implementing such access would be cumbersome when not impossible, and the
system would instantly become a target for cybersecurity intrusions. All of
these impacts would fall disproportionately on small businesses that don't have
the resources of the larger companies. For start ups, it could make it too
risky for them to even start. We all have constitutional rights to free speech,
communication and privacy, it’s important to remember that there is no
countervailing constitutional right to surveillance of citizens by our
government.
“We
hope other parts of our government, executive, congressional, and if necessary
judicial, step up to ensure law enforcement zeal is tempered by the many other
considerations that should be part of developing sensible policy in this area.”