From Real-Time Intercepts to Stored Records
Peter Swire · 2017
Abstract This chapter describes technological changes that shift law enforcement and national security attention from traditional wiretap techniques to greater emphasis on access to stored records, particularly records stored in the cloud. This shift results from the growing use of encryption, the declining effectiveness of traditional wiretaps, and the new importance of the cloud. Section II describes the changing technology of wiretaps and government access, most notably the rise of the Internet. Section III documents the growing adoption of strong encryption in a wide and growing range of settings of interest to government agencies. Section IV explains how these technological trends create a major shift from real-time intercepts to stored records, especially in the cloud.