Expanded U.S. Wiretap Laws, the Cloud and your Privacy

It was revealed today that early next year Congress will be considering revising wiretap laws to account for the rapid changes in communication technology http://www.msnbc.msn.com/id/39376949 .  As a law abiding citizen I’m glad the U.S. Government takes terrorism and crime seriously – misguided but seriously.  There is no doubt that society has an unalienable duty to do what’s necessary to protect us from terrorists and criminal elements; a duty that should be exercised within the bounds of commonsense and dignity.

However, let’s set aside the social impacts these proposed laws have and look at their technological aspects.  To begin, anyone with a little time and research will be able to circumvent these expanded laws using off-the-shelve encryption software by encrypting messages before they are sent down communication mechanisms such as email, Facebook or Twitter.  To reinforce this flaw in the law’s methodology its probably safe to assume that the U.S. Government’s need  to enlist the help of communication providers to decipher encrypted transmissions can lead one to believe that commercial grade cipher technology’s strength, namely asymmetric cryptography, must be to a point where cracking it is still not practical on a large scale.

While these new laws will seemingly target communication mechanisms we are left to ponder what these impacts will have on other services.  As a Cloud Service Provider our technology and security procedures have evolved to a point where permitting such clandestine easedrpping within our infrastructure would in itself defeat the purpose of maintaining encryption systems and processes built to protect data from such activity.  While we do not publicly disclose our operating procedures it is a standing policy within our own walls that data at rest and in transit within our infrastructure be encrypted and only deciphered by key employees and control systems that have a vested interest in protecting our clients from such activity.

As technologist I expect those in Congress with their expanded lexicons and mastery in the art of political theater not to understand the concept of conducting a Cost Benefit Analysis of the impacts these laws will have on business.  If they did I wouldn’t be arguing against it.