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Running head: WIRETAPPING TECHNOLOGY BY U.S. LAW ENFORCEMENT AGENCIES

Wiretapping Technology by U.S. Law Enforcement Agencies

Shawn Hur
IT 103-005
9/26/14

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WIRETAPPING TECHNOLOGY BY U.S. LAW ENFORCEMENT AGENCIES

Introduction
Wiretapping is an information technology development that intercepts any form of
electronic communication or data. Internet wiretapping is primarily used by U.S. law
enforcement agencies. The technology continues to be rapidly evolving due to criminals and
humans in general, using various methods of communication through the Internet. The inception
of The Communications Assistance for Law Enforcement Act of 1994 (CALEA) allows agencies
to legally use wiretap equipment in various network service provider stations under certain
standards. The developments in Internet wiretapping technology have benefitted law
enforcement agencies in gathering more evidence through the multiple means of communication
against targeted criminals and criminal organizations. Additionally, the technology benefits law
enforcement agency abilities to monitor criminals and prevent future crimes. Despite the benefits
of internet wiretapping, there are countless legal, ethical, social, and security issues associated
with it, which hinders its use. These issues will be further evaluated in relation to the assessment
of Internet wiretapping.
Background and Technology
The CALEA Act requires that all telecommunication service providers work in
compliance with law enforcement agencies to install wiretaps into switches (Bellovin, Blaze,
Clark, & Landau, 2013). However, the communication methods offered by the Internet, such as
email, Voice over Internet Protocol (VoIP), and instant messaging, created more obstacles to law
enforcement and the development of wiretapping technology. In response, the CALEA Act was
last revised in 2006 to gain compliance from broadband-internet service provider and VoIP
provider networks to allow wiretap technology into their servers. However, the CALEA Act does
not cover recent internet communication developments, such as web-mail, social networking,

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and peer-to-peer service program companies to comply with agencies (FBI Seeks, 2011). A
wiretap development to monitor targets online is to install a target intercept into the server or
equipment of an Internet service provider (ISP) (Graves, 2008). The Internet service provider
software must be encrypted to be wiretap friendly in accordance with the CALEA Act. The
target intercept has the ability to target a criminals online history, email, instant messaging, etc.
by performing intelligent discoveries, which distinguishes the target based on specific online
information such as user ID, a dynamically assigned IP address, or phone number (Graves,
2008). Law enforcement agencies can also install undetectable interception software into the
targets computer, with hacks through existing vulnerabilities, that can duplicate the packets
sent through the web via peer-to-peer voice conversation, online data, and any other methods of
online communication (Bellovin, Blaze, Clark, & Landau, 2013). There are various methods of
wiretapping that the federal law enforcement agencies can use, and the technology to do so is
constantly evolving in order to fit into the CALEA law.
Analysis
Potential Benefits
Unfortunately, the Internet is widely used by people to assist in criminal activity because
of its convenience and immediate availability. The development and application of wiretapping
to the Internet is beneficial to law enforcement agencies in gathering more evidence and data
from the various communication methods used by these people for a wide range of criminal
activity. For instance, Internet wiretapping can capture criminal child pornography producers
who exploit the Internet to distribute the ever-increasing amount of child pornography online
(FBI Seeks, 2011). Another major benefit of online wiretapping technology is the ability for law

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enforcement agencies to prevent domestic terrorism acts. Terrorists groups use Internet
communication methods due to ease of contacting members of the terrorist organization
throughout the world and to avoid detection (Why the, 2010).Wiretapping the Internet would
allow law enforcement and national security agencies the ability to constantly locate and monitor
any potential terrorist threat. All of the benefits that come with Internet wiretapping would allow
for an overall safer society, locally, nationally, and worldwide.
Legal Issues
Wiretapping carries many legal issues that prevent it from being fully implemented. The
4th Amendment in the Bill of Rights prevents unreasonable searches and seizures by all
government agencies, and the law has been interpreted to allow Internet privacy. The amendment
ensures that police or law enforcement agencies must have probable cause and receive
approval by a state or federal judge in order to perform Internet wiretaps on any specific
individual, which severely limits the swiftness in performing wiretapping operations (FBI Seeks,
2011). Also, the definition and limits of invasion of privacy is difficult to define for law
enforcement agencies in the complex nature of the internet. For example, although the developer
of the online drug market Silk Road has been captured and charged on the basis of 14 separate
court-ordered online wiretaps, the trial has great potential to be dismissed (Vinton, 2014). The
trial is complicated because the court did not approve warrants for every individual type of
evidence the FBI found on the developers entire digital history (Vinton, 2014). It is clear that
the legal issues concerning Internet wiretap impedes law enforcement to unleash the full
potential of Internet wiretapping.
Ethical Issues

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The application of Internet wiretapping also carries huge ethical issues concerning
privacy and abuse of power by the government. Public opinion express that internet wiretapping
is a major invasion of privacy. Due to the fact that the internet is a public network, there are
concerns that law enforcement agencies may be tapping into private data and conversations of
innocent people for which they have no warrant for. This case is evident in the NSA warrantless
wiretapping scandal in which former NSA intelligent agent, Edward Snowden, leaked
information that the agency had supposedly been tapping internet data of countless innocent
people without a warrant for terrorists (Poggio, 2014). The ability for the government to monitor
the Internet without the consent of the people is a major ethical concern as to why the general
public disapproves of a revision for the CALEA Act (Poggio, 2014). There are major concerns
that increased internet wiretapping privileges would extend the powers of the government over
the limits created by the Constitution, even if they were used only as tools for security and
criminal prosecution. The potential ability for the government to violate the privacy of the public
and other constitutional cornerstones would cause major social unrest in the country
Social Problems
As a result of social problems of the general public, such as distrust and fear, the
government has been constrained to extend the CALEA Act and the full implementation of
internet wiretapping technology. Many people do not trust that the government and law
enforcement agencies would adhere to the privacy of innocent people on internet, the use of
warrants for such searches and other Constitutional rights of citizens. Additionally, internet
wiretapping, if abused, allows for governmental agencies to monitor a significant portion of
online traffic without detection, adding to the mistrust of the public against the use of the
technology. Also, the governments use of internet wiretaps may cause people to be fearful of the

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governments potential ability to listen in onto their conversations. Internet wiretaps may also
cause people to fear any website or files they view or share, even though they have no criminal
intentions. These social problems of distrust and fear are cause by the ability for government
agencies have in violating the Right to Privacy and the Freedom of Speech as internet
wiretapping technology continues to develop (FBI Seeks, 2011).
Security Issues
As a result of the ethical issues and privacy concerns that stem from Internet wiretapping,
the general public may feel distrust and fear of the government. Many people do not trust that the
government and law enforcement agencies would adhere to the privacy of innocent people on
internet, the use of warrants for such searches and other Constitutional rights of citizens.
Additionally, internet wiretapping, if abused, allows for governmental agencies to monitor a
significant portion of online traffic without detection, adding to the mistrust of the public against
the use of the technology. Also, the governments use of internet wiretaps may cause people to
be fearful of the governments potential ability to listen in onto their conversations. Internet
wiretaps may also cause people to fear any website or files they view or share, even though they
have no criminal intentions. These social problems of distrust and fear are cause by the ability
for government agencies have in violating the Right to Privacy and the Freedom of Speech
as internet wiretapping technology continues to develop (FBI Seeks, 2011).
Further Required Research
Internet wiretapping can be most effective if two major hurdles are solved. The hurdles
are tougher security features and protection of privacy. The creation of security backdoors in
servers and software that internet wiretaps must access, are the biggest concern as to why web

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companies do not comply with law enforcement agencies. To increase security, government
agencies and web companies could work together to develop a more secured and unified
software program. If web service companies were not reluctant in full participation with law
enforcement agencies, they could develop a highly sophisticated encryption coding that
envelopes a target device. The other hurdle that law enforcement agencies must overcome is to
ensure that the wiretap technology intercepts only targeted individuals and protects the privacy
of innocent people. Only an interception device that can only accurately target criminal suspects
online without the chance of impeding onto peoples privacy, will earn the trust of the general
public.
Conclusion
In recent years, wiretaps have developed to become effective tools for government
agencies in gathering evidence of criminal communication and information on the sophisticated
nature of the internet. As soon as agencies began utilizing wiretaps on the internet, they allowed
for increase rates of gathering evidence, locating criminals and preventing crime. Although
internet-based wiretaps contribute many benefits to criminal justice, there are numerous concerns
and issues in relation to legal, ethical, social, and security problems. Most of these concerns
involve the idea of privacy violation that wiretaps can cause. In order for wiretapping technology
to be entirely effective, law enforcement most solve the hurdles that prevent its full
implementation to from taking place to eradicate crime. The government must overcome the
hurdles to keep the growth of wiretap technology up to par with the growth of the internet.

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References
Bellovin, S.M., Blaze, M., Clark, S., Landau, S. (2013). Going Bright: Wiretapping without
Weakening Communications Infrastructure. Security & Privacy IEEE, 11(1), 62-72.
Retrieved September 27, 2014, from
http://ieeexplore.ieee.org.mutex.gmu.edu/xpl/abstractAuthors.jsp?tp=&arnumber=63571
77&matchBoolean%3Dtrue%26searchField%3DSearch_All_Text%26queryText%3D%2
8%28%28federal+government%29+AND+wiretap%29+AND+technology%29
This online Journal states how electronic communication have changed since the CALEA
Act was first created. It then describes all the security risks involved in following the
standards of CALEA. Then it goes on to describe how agencies can hack through
vulnerabilities in communication device software connected to the internet. Finally, the
policy implications on the wiretap hacking technique are stated. The article is credible
with the expertise of the authors and there are a lot of references.
FBI seeks expanded web wiretapping capability. (2011). Informationweek - Online, Retrieved
September 27, 2014, from
http://search.proquest.com/docview/852700823?accountid=14541
This online news article explains how the FBI has been pushing for an extension of the
CALEA Act to receive complete compliance with all web companies to allow wiretaps
into their programs as well as increased compliance from service providers. Also, the FBI
claim there is technology available that would not change the internet and allow for the
prevention of online crimes. Finally, the news article concludes with certain
organizations against the call for increased authority of the FBI in wiretapping.

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Graves, Kevin. (2008, August 19). The Challenges of Internet Intercepts and Wiretaps.
Policeone, Retrieved September 30, 2014, from
http://www.policeone.com/police-products/police-technology/wire-tap/articles/1727583The-challenges-of-Internet-intercepts-and-wiretaps/
The online police news article by a chief technology officer describes a method for wiretapping the server of an internet service provider. It goes into detail about certain features
and designs that the target interception equipment must contain to target a specific
individual, to avoid disrupting the server, to prevent detection, and to retrieve data.
However, the article goes on to describe the problems of tapping into a VoIP network.
There are no references to how the information was gathered, however, the person who
wrote the article has a credible position.

Poggio, K. (2014, Feb 19). Americans must fight back against NSA invasion
of privacy. University Wire Retrieved September 30, 2014, from
http://search.proquest.com/docview/1500176545?accountid=14541

The article describes the reactions of a woman when she read a news
article about Edward Snowden and his revelation of NSA. The article
also describes how the NSA violated the privacy and Constitutional
rights of the citizens, which caused public outrage. Many
technological organizations and companies joined in on the protest

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against NSA. This article is credible because it draws on a real life

experience of an individual and general public opinion.

Vinton, Kate. (2014, August 4). Alleged Silk Road Creator Ross Ulbricht's
Fourth Amendment Rights Were Violated, Lawyers Say. Forbes.
Retrieved September 30, 2014, from

http://www.forbes.com/sites/katevinton/2014/08/04/alleged-silk-roadcreator-ross-ulbrichts-fourth-amendment-rights-were-violatedlawyers-say/

This online magazine article describes how notorious online drug

website operator, Ross, Ulbricht, is defending his Constitutional rights
by stating how the FBI seized numerous private online data and
records without specific warrants issued for them. It also describes
how the explanations given by the FBI, in relation to the seizure, were
unclear. The article does not show any references.

Why the feds want to wiretap the internet, and why they can't privacy (2010). Chatham:
Newstex. Retrieved September 29, 2014, from
http://search.proquest.com/docview/755041679?accountid=14541
The blog describes the general feelings of an individual about the FBIs attempt in demanding
access to all internet services. The blog reflects on the arguments made by FBI officials and

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reactions to those statements. Finally blog describes how encryption codes of company software
are considered freedom of speech. The blog is somewhat credible because it cites official
statements by the FBI, however, it largely reflects on opinions.

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