wiretaps and encryption

[Steven M. Bellovin]

Those who remember the Crypto Wars of the 1990s will recall all of the
claims about "we won't be able to wiretap because of encryption".  In
that regard, this portion of the latest DoJ wiretap report is
interesting:

	Public Law 106-197 amended 18 U.S.C. 2519(2)(b) to require that
	reporting should reflect the number of wiretap applications
	granted for which encryption was encountered and whether such
	encryption prevented law enforcement officials from obtaining
	the plain text of communications intercepted pursuant to the
	court orders. In 2006, no instances were reported of encryption
	encountered during any federal or state wiretap.

The situation may be different for national security wiretaps, but of
course that's where compliance with any US anti-crypto laws are least
likely.  There was no mention of national security or terrorism-related
wiretaps in the report, possibly because they've all been done with
FISA warrants.


		--Steve Bellovin, http://www.cs.columbia.edu/~smb

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