NCJ Number
193112
Date Published
2001
Length
22 pages
Annotation
This essay examines the impact of certain new technologies on the ability of law enforcement agencies to intercept communications, and it considers the balancing of investigative needs with the protection of personal privacy.
Abstract
The general revolution in communications is proceeding at such a pace that law enforcement interests and concerns are at best scrambling to remain in contention. The advent of digital communications, combined with global trends toward privatization and deregulation of the telecommunications industry, have posed new challenges for law enforcement. A proliferation of carriers and service providers may make it difficult to discern which one to approach for assistance in undertaking surveillance of a particular target. Moreover, telecommunications systems can be designed to be more or less accessible to interception. These challenges are compounded by the increasing accessibility of encryption technology. The first section of this essay reviews the perceived contemporary benefits for law enforcement of retaining the power to intercept communications, as well as of the information available concerning the level of use of this power in a number of nations. Principal consideration is given to the lawful interception of communications that involve voice, data, and allied transmissions through a range of telecommunication facilities. In the second section, consideration is given to the current legal and regulatory framework associated with the interception powers provided to law enforcement agencies, as well as to the way in which these powers are balanced with the protection of personal privacy. The concluding section examines the ongoing dialog at national, regional, and international levels about how best to respond to the threat of transnational crime in the revolutionary communications environment. 4 tables and 72 notes