Going Dark: Lawful Electronic Surveillance in the Face of New Technologies

Tags: 2010s CALEA Going Dark National Security Terrorism

Authors: Valerie Caproni

Published: February 2011

URL: https://www.fbi.gov/news/testimony/going-dark-lawful-electronic-surveillance-in-the-face-of-new-technologies

Abstract: On February 17, 2001, Valeria Caproni, General Counsel, Federal Bureau of Investigation, testified before the House Judiciary Committee, Subcommittee on Crime, Terrorism, and Homeland Security. In her testimony, Caproni discussed the “Going Dark” problem facing law enforcement. The “legal authorities [the FBI has] for intercepting electronic communications are adequate”, but the government often does not have the “practical ability to actually intercept those communications”. Caproni provided examples and clarifications of the Going Dark problem. She then discussed the legal framework and its limitations given evolving technology, challenges given the new technologies, and challenges facing state and local law enforcement. She concluded by stating she looks forward to working with Congress on addressing this problem in a way “that restores and maintains the ability of law enforcement agencies to intercept communications and collect related data pursuant to court orders in a manner that protects public safety, promotes innovation, and safeguards civil liberties.”