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Bardissi Enterprises LLC
 
January 2011
The White House Wants to Wiretap the Internet

Andino R. Ward

Are you ready for the next round of possible government inspired internet security measures? Well, get prepared, because there is big talk and even bigger plans underway regarding internet security. It was reported, in the September 27th edition of The New York Times, that the White House is hard at work creating legislation that will broaden the scope of the current wiretap authority to infiltrate and intercept our Facebook, BlackBerry and Skype communications without prior knowledge or consent.

The proposed new legislation would also include an agenda that will give law enforcement and security officials increased ease in being able to infiltrate and eavesdrop on your online chatter as well.

Don't be alarmed, as the proposed legislation is not expected to be presented to Congress before next year and we all know just how long it can take, before a decision is made on anything in Congress. You can bet there will be hearing after hearing, filibusters and a host of other objections during the process.

This proposed legislation is being seen as an Obama Administration-sponsored bill, which for all intent and purpose would appear to be true since it is coming out of the White House. One of the unsettling and most prominent aspects of the pending legislation, if passed and enacted, will demand that every Internet-based communication service reset its internal protocol's to be technically capable of adhering to the federal wiretap order to include the ability to intercept and unscramble encrypted messages.

The overall scope of this new legislation has incredible and far reaching implications as it may seem to be a means of releasing the proverbial, "Hounds of Hell" on an unsuspecting population, in that it will equip our government with the power to listen in on every communication that is made online. Of course, given the times that we live in and the relentless pursuers of anarchy, terrorism and the destruction of anything and anyone that does not have a shared belief, in their opinion, philosophy, political persuasion or religion, this new legislation may not be such a bad thing.

Yet, there is always that overwhelming, sinking feeling that "Big Brother" is waiting, watching and listening as well as the distinct possibility that those, in the administration, intelligence community or any other entity with access to and permission to use this new legislation having ill intentions could use it for all the wrong reasons and exact untold invasions of privacy. What of the government officials working on this new legislation? Who are they and how are they attempting to define who the internet communications providers are and what is the criterion that the government will use to move forward in exacting the new legislation on their choice of who constitutes a qualified, in their opinion, provider? And what about the providers of internet communications services, what are their thoughts on this new legislation? How will the new legislation affect the realm of wireless technology, specifically the smartphone? Throughout the course of looking into the governments creation of new legislation that would allow for expanded and more intrusive wiretapping of all internet communications, it is very clear that the initiative is largely being spear headed by Federal law enforcement and national security officials. It is also quite interesting that these officials, along with the Congress, that are working on the proposed legislation have not been able to agree on how to determine or define what makes an entity a communications service provider.

Even more interesting is that the White House tends to have a clearer profile of what a communications service provider is, or at present, it would appear that way. The White House seems to feel that any entity involved in using encrypted e-mail transmitters and social networking sites along with peer-to-peer messaging software should be targeted. Of course, when you look at the aforementioned profiles, it is immediately apparent that company's like Skype, Facebook and Blackberry will most likely come under the long arm of the new wirer tapping legislation if passed and enacted.

Companies who operate servers outside of the United States, according to The White House definition, will also qualify as communications service provider thus making them part of those companies that will need to comply with the new legislation.

When questioned about the new legislation, one of the FBI's attorney's indicated that the security community is not, necessarily attempting to expand its authority, but rather to preserve their existing capability to execute the current protocols, now in place, allowing a continuation of ongoing protection of the public and national security. This all coincides with the fact that national security officials, for quite a while, have been actively pursuing the government to give them greater latitude and control in being able to wiretap the Internet, because of the intensified activity on the part of extremists and criminals who are inclined to do more of their conversing on line and not on the telephone.

It goes without saying that the proposed, new legislation does raise worrisome privacy concerns relative to all who use the Internet. In the Times article, James X Dempsey, Vice President of the Center for Democracy and Technology, made it very clear that it seems like the national security agencies and the White House are trying to send time spiraling backwards in that they appear to want the services provided on the Internet to function in the way that telephone systems once functioned.

The USA is not the only county grappling with the matter of internet security concerns. Over the course of this year, it has been reported that India and Saudi Arabia both did threatened to extinguish all BlackBerry services, because of their governments feeling that the device's e-mail encryption was responsible for creating a potential national security risk in their respective countries. In light of both countries firm stance on eliminating Blackberry services, RIM did conceit to their demands and the two countries security official's complete, lawful access to internet and smartphone data. Of course, this kind of leverage is exactly what our national security agencies are hoping to gain with the advent of the proposed, new legislation.

The vast majority of citizens, in the USA are probably not aware of the fact that our Internet and phone networks have been under protocols that allow for various agencies to eavesdrop as a result of the 1994 law titled the Communications Assistance to Law Enforcement Act. Although the wiretapping authority was amended to include digital networks and cell phones as well as the already covered copper-wire phone systems the law falls short, according to the security agencies and the government as it still fails to cover communications service providers.

So, what does this mean for you and me? Well, quite simply, nothing if we are honest, law abiding citizens. You see, if you aren't doing anything wrong or questionable, and then ask yourself, "What do I have to fear"? Because that's what it really boils down to. Whether we like it, or not, the days of complete privacy, as a result of the world we live and its being filled with radicals, terrorist, revolutionaries, perverts, thieves, hackers and bullies combined with the uncontrolled realm of the World Wide Web are over.

Thus, you and I have a choice to make. Either we accept the fact that with advanced technology there will continue to be an advancing loss of privacy, or we decide to walk away from technology and return to a time of greater simplicity where we had to physically and personally communicate with one another and not through a touch screen or keypad. Are you living a righteous life or are you one who by virtue of your unlawful or questionable activities will become afraid of what may come to be a complete loss of privacy in the ever expanding realm of balancing information technology and national security? Maybe it's time to reevaluate what you're doing or not on the internet!!

Bardissi New Business

Bardissi Enterprises would like to extend our sincere thanks to our new customers who have contracted with us for the provision of managed information technology solutions and service. We are pleased to be providing IT Solutions for the following new companies:

  • United Integrity Group
    Quakertown, PA
  • Core Scholarships
    Philadelphia, PA
  • Center for Advances Sports Medicine
    Millburn, NJ

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