Going Dark: Lawful Electronic Surveillance in the Face of New Technologies, Hearing Before the Subcommittee on Crime, Terrorism, and Homeland Security of the Committee on the Judiciary, House of Representatives, One Hundred Twelfth Congress, First Session, February 17, 2011 [open pdf - 699KB]
From the opening statement of Tim Griffin: "Today's hearing examines the issue of the growing gap between the legal authority and the technological capability to intercept electronic communications. This is known in law enforcement circles as ''going dark.'' Going dark is not about requiring new or expanded legal authorities. It is about law enforcement's inability to actually collect the information that a judge has authorized. Simply stated, the technical capabilities of law enforcement agencies have not kept pace with the dazzling array of new communication devices and other technologies that are now widely available in the marketplace. Court-ordered electronic surveillance has long been a valuable tool for effective law enforcement. It is a technique that is used as a last resort, when other investigative techniques have failed or would be likely to fail or would even be too dangerous to try. The judicial process that must be followed to seek a court order to authorize this type of surveillance is neither easily nor quickly obtained. There are many layers of review, many facts that must be established, and ultimately, a judge decides if such a technique is warranted." Statements, letters, and materials submitted for the record include those of the following: Tim Griffin, Robert C. Scott, John Conyers, Valerie Caproni, Mark Marshall, Susan Landau, Henry C. Johnson, and Joel M. Margolis.
Serial No. 112-59
Government Printing Office, Federal Digital System: http://www.gpo.gov/fdsys/