According to a new CSIS report, "going dark" is not the most pressing problem facing law enforcement in the age of digital data:
Over the past year, we conducted a series of interviews with federal, state, and local law enforcement officials, attorneys, service providers, and civil society groups. We also commissioned a survey of law enforcement officers from across the country to better understand the full range of difficulties they are facing in accessing and using digital evidence in their cases. Survey results indicate that accessing data from service providers -- much of which is not encrypted -- is the biggest problem that law enforcement currently faces in leveraging digital evidence.
This is a problem that has not received adequate attention or resources to date. An array of federal and state training centers, crime labs, and other efforts have arisen to help fill the gaps, but they are able to fill only a fraction of the need. And there is no central entity responsible for monitoring these efforts, taking stock of the demand, and providing the assistance needed. The key federal entity with an explicit mission to assist state and local law enforcement with their digital evidence needs -- the National Domestic Communications Assistance Center (NDCAC)has a budget of $11.4 million, spread among several different programs designed to distribute knowledge about service providers' policies and products, develop and share technical tools, and train law enforcement on new services and technologies, among other initiatives.
From a news article:
In addition to bemoaning the lack of guidance and help from tech companies -- a quarter of survey respondents said their top issue was convincing companies to hand over suspects' data -- law enforcement officials also reported receiving barely any digital evidence training. Local police said they'd received only 10 hours of training in the past 12 months; state police received 13 and federal officials received 16. A plurality of respondents said they only received annual training. Only 16 percent said their organizations scheduled training sessions at least twice per year.
Here's the report.