Arguing that their efforts are being thwarted by new technologies revolutionizing Internet communication, the FBI is calling for a push to expand its capabilities in intercepting online evidence. But some groups are saying that such actions have the potential to threaten online privacy, security and innovation.

Naming advances in "webmail, social networking sites or peer-to-peer services" FBI general counsel Valerie Caproni appeared before Congress to discuss the increasing difficulties the agency has had in corralling electronic communications for ongoing cases.

"In the ever-changing world of modern communications technologies, however, the FBI and other government agencies are facing a potentially widening gap between our legal authority to intercept electronic communications pursuant to court order and our practical ability to actually intercept those communications," she said. "We confront, with increasing frequency,
service providers who do not fully comply with court orders in a timely and efficient manner."

The challenges faced by authorities are both technical, and legal, according to Caproni, who named the issue "Going Dark," referring to the increasing space of Internet activity that cannot be monitored in the efficient manner the FBI seeks.

The technical landscape involved contains a myriad set of problems for law enforcement officials trying to get ahold of information. While some electronic communications providers already have in place ways to intercept messages, others must develop the technology once they receive the court order, slowing the process down.

"As the gap between authority and capability widens, the government is increasingly unable to collect valuable evidence in cases ranging from child exploitation and pornography to organized crime and drug trafficking to terrorism and espionage," Caproni said. "This gap poses a growing threat to public safety."

To illustrate, Caproni brought up a case in which the DEA was able to dismantle the drug trafficking arm of an organization, but was stymied by the lack of the provider's ability to intercept communication involving the arms trafficking wing of the group. "As a result, elements of this organization continue to traffic weapons today," she said.