Computer Wiretapping Galore Starts Now

Well, started yesterday: May 14 was the deadline for just about every type of Internet service provider to wire their networks with the FBI's electronic surveillance equipment, which will allow for data wiretaps of any user of the service at the flip of a switch.

It's part of CALEA (Communications Assistance for Law Enforcement Act), which Congress passed way back in 1994, and it was quickly rolled out to telephone networks (your cell phone is already ready for its tap, folks). In 2002 the new law was expanded to cover ISPs as well. On Monday it went into effect.

CALEA doesn't mean that you're under surveillance all the time, but it does make it possible (and relatively simple) for the FBI to "flip a switch" to turn on an electronic wiretap inside 24 hours. As the Wired blog entry linked above notes: The standards for getting a wiretap are still the same as before. Law enforcement still has to demonstrate cause to a judge, however judges do indeed tend to rubber stamp such requests. So there is cause for concern here.

But wait, there's more! Last week legislation was introduced to expand wiretapping considerably by forcing ISPs to "record all users' surfing activity, IM conversations and email traffic indefinitely." This is scary because it allows not just for future wiretapping but for indefinite historical wiretapping as well. It's buried in yet another act designed to stop child pornography called the SAFETY Act. It's currently hanging around the House. Unlike CALEA, this one hasn't yet become a law.

Allow me to be the first to say: Yikes. Write your Congressman.