FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the internet.

At this point, it may come as no surprise that the US government has some ability to monitor internet traffic. However, the tremendous extent of government surveillance may be somewhat alarming to those who are interested in privacy on the internet.

An article by RT.com reports that the NSA has the ability to read 75 percent of all U.S. internet traffic. The article points out that programs referred to as Stormbrew, Lithium, Oakstar, Fairview, and Blarney all have the ability to monitor the actual text of emails, not just email metadata.

The article also makes plain that the NSA can zero in on all types of information relating to particular events for a sustained block of time. For example, the NSA, in conjunction with the FBI, reportedly were able to monitor all email and text messages for a six-month period with respect to the 2002 Olympic Games in Salt Lake City, Utah.

Interestingly, even though lawmakers have argued that NSA surveillance is essential in protecting national security, Blarney reportedly was in use prior to the September 11, 2001 terrorist attacks. This particular program was in use close to important fiber-optic landing points, including one near San Francisco and another in New Jersey, with the purpose of intercepting foreign communications coming into an going out of United States.

Of course, government surveillance concerns arise in other countries too. According to IbTimes.com, a new law was recently enacted in Russia that requires companies to store data they collect about Russian citizens on Russian territory. This new law reportedly has created uncertainty among companies and has caused heightened worries about surveillance and threats to privacy rights. This comes at a time when the Russian government has been seeking to tighten its control over the internet. Certain privacy advocates worry that the new law is an effort to obtain access to personal information for surveillance purposes.

We live in uncertain times. There is a dynamic tension between security and privacy. We will see which direction the pendulum swings in the upcoming near future.

Related Resources:

  • 15 Years Till Nanobots Invade Our Brains, Kurzweil Says (FindLaw’s Technologist)
  • Are You Ready for Amy, the Robot Secretary? (FindLaw’s Technologist)
  • Top 5 Unanswered Questions in Legal Tech (FindLaw’s Technologist)
  • Will Biometrics Solve Security Issues for Law Firms? (FindLaw’s Technologist)

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