Eavesdropping on Internet Communications

[Commentary] The Federal Bureau of Investigation has a new plan to intercept Internet messages, calls and video chats.

Instead of requiring companies like Skype and Google to build surveillance capabilities into their services as it suggested in 2010, the FBI now proposes fining companies that fail to comply with court-ordered wiretaps. The new approach has met less opposition from other agencies, like the Commerce Department, than the earlier plan, which went nowhere because some officials worried that it would hurt innovation by imposing expensive and technically difficult requirements on start-up Internet-based communication services. Fines, some officials believe, would be less of a burden on new businesses because they might not have to worry about developing the ability to conduct wiretaps right away. The White House is evaluating the plan for submission to Congress.

The Administration and Congress need to analyze carefully the F.B.I.’s proposal, details of which have not been made public. New rules will have to strike the right balance between privacy and cybersecurity and the government’s need to monitor criminal activity.