Wiretapping the Internet

On Monday, The New York Times reported that President Obama will seek sweeping laws enabling law enforcement to more easily eavesdrop on the internet. Technologies are changing, the administration argues, and modern digital systems aren’t as easy to monitor as traditional telephones.

The government wants to force companies to redesign their communications systems and information networks to facilitate surveillance, and to provide law enforcement with back doors that enable them to bypass any security measures.

The proposal may seem extreme, but — unfortunately — it’s not unique. Just a few months ago, the governments of the United Arab Emirates, Saudi Arabia and India threatened to ban BlackBerry devices unless the company made eavesdropping easier. China has already built a massive internet surveillance system to better control its citizens.

Formerly reserved for totalitarian countries, this wholesale surveillance of citizens has moved into the democratic world as well. Governments like Sweden, Canada and the United Kingdom are debating or passing laws giving their police new powers of internet surveillance, in many cases requiring communications system providers to redesign products and services they sell. More are passing data retention laws, forcing companies to retain customer data in case they might need to be investigated later.

Obama isn’t the first U.S. president to seek expanded digital eavesdropping. The 1994 CALEA law required phone companies to build ways to better facilitate FBI eavesdropping into their digital phone switches. Since 2001, the National Security Agency has built substantial eavesdropping systems within the United States.

These laws are dangerous, both for citizens of countries like China and citizens of Western democracies. Forcing companies to redesign their communications products and services to facilitate government eavesdropping reduces privacy and liberty; that’s obvious. But the laws also make us less safe. Communications systems that have no inherent eavesdropping capabilities are more secure than systems with those capabilities built in.

Any surveillance system invites both criminal appropriation and government abuse. Function creep is the most obvious abuse: New police powers, enacted to fight terrorism, are already used in situations of conventional nonterrorist crime. Internet surveillance and control will be no different.

Official misuses are bad enough, but the unofficial uses are far more worrisome. An infrastructure conducive to surveillance and control invites surveillance and control, both by the people you expect and the people you don’t. Any surveillance and control system must itself be secured, and we’re not very good at that. Why does anyone think that only authorized law enforcement will mine collected internet data or eavesdrop on Skype and IM conversations?

These risks are not theoretical. After 9/11, the National Security Agency built a surveillance infrastructure to eavesdrop on telephone calls and e-mails within the United States. Although procedural rules stated that only non-Americans and international phone calls were to be listened to, actual practice didn’t always match those rules. NSA analysts collected more data than they were authorized to and used the system to spy on wives, girlfriends and famous people like former President Bill Clinton.

The most serious known misuse of a telecommunications surveillance infrastructure took place in Greece. Between June 2004 and March 2005, someone wiretapped more than 100 cell phones belonging to members of the Greek government — the prime minister and the ministers of defense, foreign affairs and justice — and other prominent people. Ericsson built this wiretapping capability into Vodafone’s products, but enabled it only for governments that requested it. Greece wasn’t one of those governments, but some still unknown party — a rival political group? organized crime? — figured out how to surreptitiously turn the feature on.

Surveillance infrastructure is easy to export. Once surveillance capabilities are built into Skype or Gmail or your BlackBerry, it’s easy for more totalitarian countries to demand the same access; after all, the technical work has already been done.

Western companies such as Siemens, Nokia and Secure Computing built Iran’s surveillance infrastructure, and U.S. companies like L-1 Identity Solutions helped build China’s electronic police state. The next generation of worldwide citizen control will be paid for by countries like the United States.

We should be embarrassed to export eavesdropping capabilities. Secure, surveillance-free systems protect the lives of people in totalitarian countries around the world. They allow people to exchange ideas even when the government wants to limit free exchange. They power citizen journalism, political movements and social change. For example, Twitter’s anonymity saved the lives of Iranian dissidents — anonymity that many governments want to eliminate.

Yes, communications technologies are used by both the good guys and the bad guys. But the good guys far outnumber the bad guys, and it’s far more valuable to make sure they’re secure than it is to cripple them on the off chance it might help catch a bad guy. It’s like the FBI demanding that no automobiles drive above 50 mph, so they can more easily pursue getaway cars. It might or might not work — but, regardless, the cost to society of the resulting slowdown would be enormous.

It’s bad civic hygiene to build technologies that could someday be used to facilitate a police state. No matter what the eavesdroppers say, these systems cost too much and put us all at greater risk.

This essay previously appeared on CNN.com, and was a rewrite of a 2009 op ed on MPR News Q — which itself was based in part on a 2007 Washington Post op ed by Susan Landau.

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Posted on September 30, 2010 at 6:02 AM • 97 Comments