EU agency backtracks on Skype crime claims

By David Meyer, ZDNet UK
Monday, March 02, 2009 10:57 AM

Eurojust, an agency under the European Union that coordinates judicial cooperation across member states, has significally altered a statement in which it said criminals were using Skype to avoid detection by the authorities.

Eurojust had announced it planned to "play a key role in the coordination and cooperation of the investigations on the use of Internet telephony systems (VoIP), such as Skype." The agency said its role would be to smooth out the technical and judicial obstacles to the interception of internet telephony systems, taking into account the various data protection rules and civil rights. Eurojust also said it had become involved at the request of the Italian anti-Mafia directorate.

"Skype's encryption system is a secret which the company refuses to share with the authorities," Eurojust's statement of Feb. 20, 2009 read. "Investigators have become increasingly reliant on wiretaps in recent years. Customs and tax police in Milan have highlighted the Skype issue. They overheard a suspected cocaine trafficker telling an accomplice to switch to Skype in order to get details of a 2kg drug consignment."

Skype reacted strongly to that statement at the time, saying it remained "interested in working with Eurojust despite the fact that they chose not to contact us before issuing this inaccurate report".

Last week, Eurojust issued an update to its original statement, which was entitled "Eurojust coordinates internet telephony investigations". The new statement, entitled "Eurojust will be requested to coordinate internet telephony investigations", makes it clear that the anti-Mafia directorate's request for judicial coordination has not yet been made formally.

The Internet telephony-tapping probe is expected to be officially introduced at Eurojust "in the coming weeks or months", a spokesperson for the agency told ZDNet Asia's sister site ZDNet UK last week.

In addition, the revised statement made it clear for the first time that the initial meetings between Eurojust and the Italian judicial authorities had taken place in September 2006, and that Skype itself had been present at those discussions.

"Representatives from the company Skype S.A. were invited and present at this meeting," the revised statement reads. "There was a positive message from the Skype representatives during the meeting, showing their commitment to cooperate with the law enforcement authorities in the fight against serious, cross-border organized crime."

In the new statement, references to Skype's alleged refusal to share details of its encryption system have been excised.

Skype has welcomed the revision of the statement. "We are pleased that Eurojust has clarified their previous statement and has recognized our commitment to cooperate with law enforcement authorities, which Skype does as much as is legally and technically possible," it said in a statement last week. "Skype looks forward to working more with Eurojust in the future."

Speaking to ZDNet UK, Eurojust's spokesperson said the original statement had not targeted Skype in particular. "We didn't only speak about Skype; we used Skype as the most known internet telephony company," the spokesperson said. "There are others--Truphone, instant messaging and so on."

Asked about the original statement's specific references to Skype and its encryption systems, the spokesperson said: "The first information [was included] as background based on information we got from a police officer in Milan."

ZDNet UK asked whether the removal of the references to Skype meant they had been incorrect, but Eurojust's spokesperson refused to comment.


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