Partner Jeffrey Johnson Interviewed About Internet Wiretapping Proposal and Privacy Concerns
Partner Jeffrey Johnson, a member of Pryor Cashman’s Intellectual Property and Corporate Groups, was interviewed by Info Tech & Telecom News for its December 2010 article, "Internet Wiretapping Proposal Raises Privacy Concerns."
The article begins by noting that in response to requests from federal law enforcement and national security officials, members of Congress are drafting a bill to grant enhanced wiretapping capabilities enabling them to intercept communications of encrypted e-mail transmitters such as BlackBerry, social networking Web sites such as Facebook, and software that allows direct "peer to peer" messaging like Skype.
Privacy advocates are already up in arms about the proposed e-wiretap bill. As Johnson told Info Tech & Telecom News, "People have expectations of privacy in their electronic communications, outside of telephone, that are different than for other forms of communication. Every day litigators run though e-mails in which people say things that they would never put into a memo or a letter. People think of it as a transitory thing, like having a chat with someone in the office. Moments after it’s over, it’s in the ether."
The issue has been under discussion for a few years as more communications move away from traditional telephones to computer-based devices, prompting law enforcement officials to seek ways to access these exchanges as they do through more traditional wiretaps, Johnson added.
However, Johnson notes, the communal nature of the Internet—with chat rooms, social networks, etc.—would make it very easy for an "authorized" wiretap to monitor certain communications to get out of hand, with law enforcement officials "listening in" on other communications that should remain protected. Therefore, Johnson says, there should be a vigorous public debate over just how broad additional powers, if any, should be.
To read the article from Info Tech & Telecom News, please click here.
