The U.S. government is drafting a bill which would oblige all providers of communications services to build a backdoor into systems. The New York Times has revealed. The law will affect everything from Facebook for Blackberry, Skype and peer-to-peer services. It will mean that providers of encrypted communications to ensure that the authorities always have the opportunity to listen in on the line. The law would also apply to companies outside the U.S. if they have users in the country.
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In the U.S., telcos and broadband providers are already obliged to incorporate the possibility of interception systems are being called Communications Assistance to Law Enforcement Act of 1994. It must ensure that the police still have the ability to make lawful wiretaps - with court order - whether it is analog or digital network.
But the problem for police is that many service providers encrypt communication between the users computer and the server - and then there is no point to intercept the connection from internet provider. The police must then apply to each service provider and require access to an unencrypted version of the communication.
Under the U.S. law is the service providers are already obliged to cooperate with police if they have submitted a court order. But the law of 1994 applies in return not to them. Therefore, they are not required to build backdoors into systems. Instead, they can wait until the authorities directed the first time with a warrant, and then they try to develop a backdoor to the police. It may take months, thus delaying the police investigation.
The new law will mean that service providers that use encryption are required to incorporate an option from the start. It can be a big problem for peer-to-peer services, where communication flows directly between clients without a centralized server.
"They actually ask for permission to redesign services which exploit the network's unique and now ubiquitous architecture. They want to actually turn the clock back and get internet to work the same way as the telephone system, "said James X. Dempsey from the Center for Democracy and Technology told the newspaper.
He believes that the bill moves on fundamental aspects of the Internet - that will require that the decentralized, peer-to-peer based systems to be built on, so all communication runs through one central point. There are also fears that the rear doors could be misused by hackers.
But the U.S. authorities, whereas the Act does not broaden the scope for interception. It will simply ensure that the existing possibility for interception with a warrant does not become diluted in the digital age.
"We are talking about entirely lawful intercepts. We're not talking about expanding the possibilities. We talk about preserving our ability to exercise our existing authority to protect public and national security, "says the FBI's head of legal affairs Valerie E. Caproni.
It is expected that the Obama administration's legislative proposal is put forward to next year. Among other things, mean that foreign service providers with customers in the United States should be obliged to establish an office in the country where the police can turn to access the interceptions.
The law may encourage other countries around the world to follow the same model. Several countries in the Middle East and Asia have already demanded that the Blackberry must provide authorities with access to listen in on encrypted communication between the mobile devices.
But there are still loopholes. It is therefore unclear how the U.S. will put pressure on foreign suppliers and how you will prevent users of open source applications without a single central provider or manufacturer can use encryption to protect their communications.
