The FBI's reported new plan to read your emails
A proposed change to surveillance laws would empower the government to wiretap electronic communications


The White House is "on the verge" of approving a drastic overhaul of the nation's wiretapping laws that would give the government more power to obtain personal internet communications, according to The New York Times' Charlie Savage.
Citing officials close to the discussions, Savage reports the plan, a brainchild of the Federal Bureau of Investigation, would allow courts to impose stiff fines on internet communications providers who refuse to comply with federal search orders. The FBI, which has sought similar changes for at least the past three years, says it must update the nation's surveillance laws to keep pace with the rapidly evolving world of digital communications.
Back in 2010, the FBI considered a plan that would have forced companies with internet messaging capabilities, like Skype and Facebook, to revamp their services so they could easily turn over users' communications histories — including encrypted messages — to the government. While telecommunications companies, like AT&T, are already required by law to have such systems in place, the proposed change was intended to bring that decades-old law into the digital age.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
But now, the FBI is pursuing a different strategy.
While the F.B.I.'s original proposal would have required internet communications services to each build in a wiretapping capacity, the revised one, which must now be reviewed by the White House, focuses on fining companies that do not comply with wiretap orders. The difference, officials say, means that start-ups with a small number of users would have fewer worries about wiretapping issues unless the companies became popular enough to come to the Justice Department's attention. [New York Times]
The proposal would allow judges to impose escalating fines, starting at $25,000 per day, should companies refuse to comply with court-ordered wiretaps. Companies that receive wiretap orders will have 30 days to discuss any technical limitations with the government that would prevent them from being able to comply, according to the Times.
Critics worry that the change could endanger confidential communications. They say it could pressure internet communications providers to install backdoor wiretapping capabilities before the government comes calling. Such backdoors, critics fear, could easily be exploited by hackers.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
"The government should be doing everything in its power to increase the security of our communications networks, not riddling them with interception backdoors that will likely be exploited by criminals and foreign governments," Chris Soghoian the American Civil Liberties Union said in a statement. "History has shown time and time again that interception backdoors are fundamentally at odds with good cybersecurity."
The FBI insists that the proposed changes would not amount to an end run around the Constitution.
"This always requires a court order," Andrew Weissmann, the FBI's legal counsel, said in a statement to the Times. "None of the 'going dark' solutions would do anything except update the law given means of modern communications."
Yet as CNET's Declan McCullagh reported Wednesday, citing government documents obtained by the ACLU, the Justice Department and FBI have hinted that they may not seek search warrants to review such online correspondence.
"[I]f we combine that kind of cavalier attitude toward our constitutionally mandated protections with vastly expanded technical surveillance capabilities, then we've got a real problem," says Salon's Andrew Leonard. "Civil libertarians have a right to be nervous. Expanded power implies expanded opportunities to abuse that power."
Jon Terbush is an associate editor at TheWeek.com covering politics, sports, and other things he finds interesting. He has previously written for Talking Points Memo, Raw Story, and Business Insider.
-
Today's political cartoons - March 30, 2025
Cartoons Sunday's cartoons - strawberry fields forever, secret files, and more
By The Week US Published
-
5 hilariously sparse cartoons about further DOGE cuts
Cartoons Artists take on free audits, report cards, and more
By The Week US Published
-
Following the Tea Horse Road in China
The Week Recommends This network of roads and trails served as vital trading routes
By The Week UK Published
-
The JFK files: the truth at last?
In The Spotlight More than 64,000 previously classified documents relating the 1963 assassination of John F. Kennedy have been released by the Trump administration
By The Week Staff Published
-
'Seriously, not literally': how should the world take Donald Trump?
Today's big question White House rhetoric and reality look likely to become increasingly blurred
By Sorcha Bradley, The Week UK Published
-
Will Trump's 'madman' strategy pay off?
Today's Big Question Incoming US president likes to seem unpredictable but, this time round, world leaders could be wise to his playbook
By Sorcha Bradley, The Week UK Published
-
Democrats vs. Republicans: who are the billionaires backing?
The Explainer Younger tech titans join 'boys' club throwing money and support' behind President Trump, while older plutocrats quietly rebuke new administration
By Harriet Marsden, The Week UK Published
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK Published
-
Is Trump okay?
Today's Big Question Former president's mental fitness and alleged cognitive decline firmly back in the spotlight after 'bizarre' town hall event
By Harriet Marsden, The Week UK Published
-
The life and times of Kamala Harris
The Explainer The vice-president is narrowly leading the race to become the next US president. How did she get to where she is now?
By The Week UK Published
-
Will 'weirdly civil' VP debate move dial in US election?
Today's Big Question 'Diametrically opposed' candidates showed 'a lot of commonality' on some issues, but offered competing visions for America's future and democracy
By Harriet Marsden, The Week UK Published