Even when law enforcement has the means to track a

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ability to track and trace them. Even when law enforcement has the means to track a call, encryption schemes for data are making it more difficult for law enforcement to conduct surveillance. Although surveillance may be allowed by courts, encryption means law en- forcement may not be able to listen to VoIP calls the way they can in the circuit-switched world. Without the ability to require VoIP operators to decrypt, law enforcement agen- cies won’t be able to hear a terrorist say, ‘We’re going to bomb the courthouse tomorrow morning’ and prevent the attack. Instead, they’ll be limited to using the intercepted transmission to make an arrest when they finally decrypt it weeks after the event. Clearly, government and VoIP industry must work together to ensure that law enforce- ment has the tools it needs to protect the public from criminal activity. With regard to the need for regulation on Voice over Internet Protocol (VoIP), discus- sions at the HLEG included an expert opinion as follows: 26 "A danger is that as information (including voice) becomes exclusively transmitted as data, and the information naturally migrates to IP systems, regulatory controls are left behind. In creating new policies and regulations, legislatures must consider the kind of information being sent rather than the mechanism by which it is sent, espe- cially where the transmission of human voice is concerned. The problems arising from unregulated VoIP are far reaching. The need for regulation can be categorized into two general areas, 1) revenue collection - through taxes, fees and rates needed to maintain and grow a sustainable communications infrastructure, and 2) public safety - that is, the ability to guarantee 24/7 access to emergency services, and law enforcements ability to track, trace, inter- cept and interpret communications used for criminal activity over any network. Governments and Regulators also face an even more menacing concern where VoIP is concerned; ensuring public safety. VoIP providers may decide not to offer emergency-service access because they do not wish to expend the money and resources. As a result, people may not know that the VoIP phone they are using is not connected to the emergency-service-access system, which could create potentially fatal problems in a crisis." 26 See Graham Butler: ITU Global Strategic Report 1.7.8, (2008)
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53 2) Use of key logger and other software tools Keystroke logging or keylogging may be used for capturing and recording the user key- strokes. Both law enforcement and criminals may use this methods to study how the users interact and access with computer systems, or providing means to obtain pass- words or encryption keys. Such methods may enable the law enforcement to remotely access the computer of the suspect and as a trojan search for information. As measures for law enforcement, these methods are widely discussed. The term “remote forensic software” is often used by law enforcement on the methods of transmitting data out of
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  • Spring '12
  • Kushal Kanwar
  • Law, .........

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