COMMUNICATIONS ENCRYPTION AS AN INVESTIGATIVE OBSTACLE

Abstract

Due to novel technology solutions, primarily peer­to­peer, encryption and service providers located abroad, the ability of the law enforcement agencies to execute legally authorized traditional (even special) investigatory means is becoming increasingly problematic. Communication encryption, particularly end­to­end encryption in smartphone applications hinders law enforcement authorities’ practical ability to wiretap communications, although in a legal position. This phenomenon is globally recognized as “Going Dark” problem. All these challenges have necessitated legislative action. So far two different approaches have been recognized in addressing this problem: mandatory exceptional access and legalized hacking of target. In this paper we explore the viability and implications of both of them, in order to identity the most viable solution for overcoming investigative barrier, i.e. enabling the authorities to conduct surveillance of electronic communications.