Another prime example of how the US is changing from "for the people" to "for something else", in this case "government for the government": Dale L. Watson, in Statement for the Record of Dale L. Watson, Executive Assistant Director, Counterterrorism and Counterintelligence, Federal Bureau of Investigation on The Terrorist Threat Confronting the United States Before the Senate Select Committee on Intelligence, Washington, D.C., tells us that
The use of commercially available, non-recoverable encryption products by individuals engaged in terrorist and other serious criminal activity can effectively prevent law enforcement access to this critical evidence. Law enforcement's inability to gain access to the plaintext of encrypted communications and/or computer evidence in a timely manner seriously impairs our ability to successfully prevent and prosecute terrorist and/or other serious criminal acts.
This significant challenge to effective law enforcement poses grave and serious public safety consequences. Unless the FBI enhances its ability for gathering and processing computer data obtained through electronic surveillance, search and seizure of computer evidence, and its ability to gain access to the plain text of encrypted evidence, investigators and prosecutors will be denied timely access to valuable evidence that could be used to prevent and solve terrorist and other serious criminal acts.
Now, I'm not saying that terrorists should get a free ride here, but as of a few years ago, I had heard that the FBI had very few wiretaps which were foiled by encryption. This draws me to consider two alternatives:
- The FBI is blowing smoke about how dangerous encryption is.
- The FBI wants to preserve the effectiveness of systems like carnivore.
Either way, I don't think this is a good thing. Historically, the people of the US have had a veil of privacy which the government could pierce if they had sufficient cause and could justify the effort necessary to do so. I'm convinced that the new view of the government is that the veil should be pulled back so they can peek whenever they want to. "Don't worry, we'll only look when we're legally allowed to." they tell us. But such a fundamental shift in socio-political philosophy must not be allowed to occur without direct debate on the issue. These changes, championed in the name of the "war" on terror (much as these same proposals were championed in the name of the "war" on drugs in the 80s and 90s), reflect not the efforts of the FBI to maintain the status quo, but to radically reshape law into a statist tool instead of a shield for liberty.
Perhaps I'm wrong; perhaps the FBI has had constant trouble with wiretaps and other surveillance measures being stopped by encryption. If so, I welcome verifiable evidence, which will be published here if produced. But these debates need to be based on the sound evaluation of objective evidence, not political posturing from high ranking officials in a federal agency.