It’s common popular knowledge that Skype calls are allegedly un-spyeable.
Investigative journalists frequently tell their sources to use this Estonian-designed computer-to-computer telephone system in order to avoid being wire-tapped. Provided the computer itself is bug-free, as well as the webcam/microphone used. And of course, with no mobile phone around, which can be used as an eavesdropping device, even if it’s turned off.
A recent decision of the European Union’s judicial coordination body - Eurojust - indicates that popular knowledge is not so far from the truth. Eurojust decided to support Italian prosecutors who claim that their anti-Mafia and drug dealers investigations would be so much easier if Skype allowed them to tap into conversations.
So far, VoIP programs are not subject to EU or US wiretapping or data retention legislation. Skype told EUobserver it had "extensively debriefed Eurojust on our law enforcement programme and capabilities" and said it did cooperate with police and prosecutors "where legally and technically possible."
German authorities apparently also tried to tap into Skype conversations and commissioned an IT firm to develop Trojans which could perform this task, according to documents obtained by Piraten Partei, an European movement promoting freedom on the Internet. However, the Bavarian’s efforts proved unsuccessful, as the German police publicly admitted.
Of course, Eurojust claims that wiretapping Skype and other voice-over-IP programs (VoIP) such as Yahoo messenger talk, InternetCalls etc, would only take place as part of criminal investigations, with a court order. But once they have the power and it is technically and legally possible, who can really guarantee that no abuses will happen?
Update: After some media frenzy on the matter, Eurojust decided to drop its plans and announced it had issued the statement "prematurely" and that it was "incorrect". Lovely EU institutions, aren’t they? Very professional and consistent…
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Feb 21st, 2009