Feds' efforts 'Going Dark'

March 3, 2011 at 12:05AM

Hollywood would have us believe that government super-spooks can track our movements and communications with just a few effortless taps on a computer keyboard. Satellite communications, video cameras in public places, our online activities -- all seemingly easily intercepted and decoded.

Not so, says Valerie Caproni, the FBI's general counsel.

In a recent appearance before the House Judiciary Committee's Subcommittee on Crime, Terrorism and Homeland Security, Caproni talked of technological blind spots she dubbed "Going Dark."

"New technology and a rapidly changing communications landscape are eroding the ability of the government to conduct court-ordered intercepts of wire and electronic communications," she said.

How?

She said officials are facing "a potentially widening gap between our legal authority to intercept electronic communications ... and our practical ability to actually intercept those communications."

Sometimes, the problem is that Internet service-providers choose not to comply fully with court orders.

Sometimes, the problem is the Internet service-provider would have to put in considerable work and expense to comply with the court order.

Whether the issues are technical -- or willful -- the result is that the government is sometimes unable to get its hands on communications and related data, even when a court has given agents the authority to do so. Cases range from child exploitation to terrorism and espionage. Caproni said the gap poses "a growing threat to public safety."

An example: The FBI investigated a child prostitution case involving a pimp who used a social-networking site to identify victims and entice them into prostitution. Agents couldn't do electronic surveillance because the service-provider couldn't intercept his communications.

Read Caproni's report here: www.startribune.com/a229.

James Walsh • 612-673-7428

about the writer

about the writer

James Walsh

Reporter

James Walsh is a reporter covering social services, focusing on issues involving disability, accessibility and aging. He has had myriad assignments over nearly 35 years at the Star Tribune, including federal courts, St. Paul neighborhoods and St. Paul schools.

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