Historically, Skype has been a major barrier to law enforcement agencies. Using strong encryption and complex peer-to-peer network connections, Skype was considered by most to be virtually impossible to intercept. Police forces in Germany complained in 2007 that they couldn’t spy on Skype calls and even hired a company to develop covert Trojans to record suspects’ chats. At around the same time, Skype happily went on record saying that it could not conduct wiretaps because of its “peer-to-peer architecture and encryption techniques.”
Recently, however, hackers alleged that Skype made a change to its architecture this spring that could possibly make it easier to enable “lawful interception” of calls. Skype rejected the charge in a comment issued to the website Extremetech, saying the restructure was an upgrade and had nothing to do with surveillance. But when I repeatedly questioned the company on Wednesday whether it could currently facilitate wiretap requests, a clear answer was not forthcoming. Citing “company policy,” Skype PR man Chaim Haas wouldn’t confirm or deny, telling me only that the chat service “co-operates with law enforcement agencies as much as is legally and technically possible.”
So what has changed? In May 2011, Microsoft bought over Skype for $8.5 billion. One month later, in June, Microsoft was granted a patent for “legal intercept” technology designed to be used with VOIP services like Skype to “silently copy communication transmitted via the communication session.” Whether this technology was subsequently integrated into the Skype architecture, it’s impossible to say for sure.