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I think that this creates both first and fourth amendment issues.

• smsm42 12y ago
  I don't see 1st amendment issues if this is content-neutral (I don't think the Supreme Court would consider the choice of encryption scheme being speech by itself and thus protected expression) towards underlying data. As for 4th amendment, right now I think the prevailing position is that ability to collect data is not search until the data is actually collected, so providing capability for lawful intercept would not be considered 4th amendment problem. I don't like it too much, but that seems to be the state of affairs now.