WASHINGTON — FBI Director Robert S. Mueller III is pushing to update laws to help agents keep up with the rapidly changing technology so they can effectively conduct surveillance of communications in anti-terrorism and other cases.
At a conference of intelligence experts in Washington, Mueller said there have been instances in which companies have not been able to comply with court orders and turn over electronic communications.
“One lesson we have learned in recent years is the need to ensure that the laws by which we operate keep pace with new threats and new technology,” he said.
“By way of example, let us turn to court-ordered intercepts,” he said. “In some instances, communications providers are not able to provide the electronic communications we seek in response to a court order.
“Many providers are not currently required to build or maintain intercept capabilities in their operating systems. As a result, they are often not equipped to provide timely assistance,” he said.
He cited one example in which “a Mexican drug cartel was making use of a communications system that we were not able to intercept. We had to use other investigative techniques that were far more risky.”
Some civil liberties groups are concerned about the FBI expanding its reach. But Mueller said that there is a balance that needs to be struck.
” Some have suggested there is an inherent tension between protecting national security and preserving civil liberties, ” Mueller said. ” I do disagree. Yes, we have a right to privacy. But we also have a right to ride the subways without the threat of bombings.”
