How the FBI Intercepts Wireless Data
The FBI accesses wireless communications under the Communications Assistance for Law Enforcement Act (CALEA). The act requires communications service providers to have the capabitiy to assist the FBI in obtaining wireless communication data when the FBI obtains a corresponding court order. The way the carrier records and makes available this data is left up to the carrier. Rapid changes in communications technology have left many communications service providers unable to fully comply with the requirements of the act, leaving the FBI unable to monitor some communications. The agency refers to this increasing problem as "Going Dark."
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Required Data
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For wireless communications, the FBI requires carriers to make available, upon request and the presentation of a court order, the location, caller identity and content data of the targeted communications. For some technologies and for large carriers, this information is readily available. Smaller carriers may not have the resources, or even the capability, to acquire this data. For technologies such as wireless Internet in hot spots or open networks, the users may not be reliably identifiable. The FBI is pursuing technical solutions to address the major gaps in its ability to monitor wireless communications.
Cell Phone Network
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FBI interception of cell phone communications is relatively well-established. Cell phone companies have implemented tracking software located at the points where the wireless signals originate. The companies routinely record the identity of the caller together with the date and time of the call for billing purposes. When they receive an FBI request, they can record the cell phone location and the call contents as well. This applies to voice messages and texting but not necessarily to the more advanced communication options offered by smart phones.
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Wireless Internet
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Internet service providers must retain some records on the IP addresses and Internet use of their customers, but access to the content of communications is becoming more challenging. The FBI can obtain access to these records and to the content data, but the latter is sometimes of questionable usefulness. Apart from difficult-to-access encryption, users may send messages within image files, or use message boards and chat rooms located on servers outside the United States. Companies owning such servers may not be subject to FBI jurisdiction, and may actually be prevented from cooperating due to local privacy laws.
Hybrid Wireless Communications
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Even more technically challenging are smart phones and mobile devices that can access communication channels in several ways. They may connect to the Internet via local wireless signals or via the cellphone network. Once connected, they have multiple means of communication available to them, including social network sites. While the FBI continues to make data requests in accordance with CALEA, it is sometimes not clear who the responsible service provider is and whether it has the capabilities to obtain the requested data. The FBI has helped service providers financially in the past to develop the required data interception capabilities and may have to take more initiative in this direction in the future.
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References
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