Electronic Communication Interception Technologies and Issues of Power

3Power Struggles

Spanning their conception, distribution, commercialization and use, a large network of individuals, groups or organizations (motivated by their own interests) assembles around interception technologies. Here, we will examine some of the forms taken by the relationships between multiple stakeholders, which sometimes oscillate between constraint and cooperation, but more often reflect power struggles. The state is a central player in this fabric, but its action comes up against obstacles and resistance, imposing limitations on the control of technologies and on control by technologies.

3.1. State pressure on the industry: cooperation or coercion logics?

In the mid-1980s, the FBI became aware of the risk of losing control over the interception of communications, due to the arrival of technologies obstructing this activity [GEN 93]:

Collecting evidence by wiretapping is becoming difficult because of four growing technologies: (1) the integrated services digital network – an emerging communication system to integrate voice and data; (2) extended cellular telephone communications; (3) encryption; and (4) personal communication networks – advanced cellular telephone communications that will offer new communications services via very small, portable handsets.

In 1992, the FBI wanted operators and telecommunication service providers to ensure that their technologies were not an obstacle to legal interceptions. In 1993, the FBI seemed to reconsider its position. ...